IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 MACA.No. 351 of 2010() ---------------------- OPMV.2021/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN THE OPMV ------------------------------------ P.P.SETHUMADHAVAN, S/O. LATE APPUKUTTAN NAIR, AGED 59 YEARS, MURUMBADAM HOUSE, KOLATHARA POST, KUNDAYITHODU, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN THE OPMV ------------------------------------- 1. THE ASST. EXECUTIVE ENGINEER, KUTTIYADI IRRIGATION PROJECT, MAINTENANCE SUB DIVISION, P.W.D. IRRIGATION DEPT., KOZHIKODE. 2. THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, P.B.NO.17, KALLINGAL BUILDING, MAIN ROAD, BADAGARA, KOZHIKODE. ADV. SRI.SIBY MATHEW FOR R2 SRI.PHILIP J.VETTICKATTU FOR R2 SRI.B.PREMNATH (E) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 351 of 2010 ------------------------------------------------------ Dated: JUNE 8, 2010 JUDGMENT Barkath Ali, J. In this appeal under sec.173 of the Motor Vehicles Act the claimant in OP(MV) 2021/2005 on the file of the Motor Accidents Claims Tribunal, Kozhikode, challenges the judgment and award of the Tribunal, dated, February 4, 2009 awarding a compensation of Rs.39,000/- for the loss caused to the claimant on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these: The claimant was aged 55 at the time of the accident and used to earn Rs.6000/- per month from stationery business, according to the claimant. On March 18, 2005 at about 10.30 p.m. while the claimant was walking along the side of the road, he was knocked down by a jeep bearing registration No.KLZ 8317. The claimant sustained serious injuries. According to the claimant the accident occurred due to the negligence on the part of the driver of the offending jeep. The 1st respondent as the owner and the 2nd respondent as the insurer of the offending jeep are jointly and severally liable to pay compensation to the claimant. 3. Respondent 1, the Assistant Executive Engineer, Kuttiyadi 2 Irrigation Project, filed a written statement admitting the accident, but denying the liability. The 2nd respondent, insurer of the offending jeep, filed a written statement admitting the policy. 4. Exts.A1 to A4 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting 2nd respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence on the part of the driver of the offending jeep and awarded a compensation of Rs.39,000/- with interest at 7% per annum from the date of petition till realisation. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellant/claimant and the counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the driver of the offending jeep is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The claimant sustained fracture of 1/3 of shaft of femur(1) as revealed from Ext.A2, copy of the wound certificate. Ext.A3 series are the discharge summary. He was hospitalised for four days. 3 8. The Tribunal awarded a total compensation of Rs.39,000/-. The break up of the compensation awarded is as under:- medical bills - Rs.10,000/- incidental charges - 2,000/- pain and suffering - 13,000/- loss of amenity - 7,000/- loss of notional income - 6 ,000/- transportation - 1,000/- 9. The Counsel for the appellant/claimant sought enhancement of the compensation for the medical expenses, pain and suffering endured and loss of amenities and enjoyment of life. The Tribunal awarded Rs.10,000/- for the medical expenses on the basis of Ext.A4 series medical bills. But actually the claimant has produced medical bills for Rs.21,550/- as seen from the records of the lower court. Therefore the claimants are entitled to an additional compensation of Rs.11,550/- towards medical expenses. 10. The Tribunal awarded a compensation of Rs.13,000/- for the pain and suffering endured. Having regard to the nature of the injuries sustained, we feel that Rs.15,000/- would be the reasonable compensation on this count. Thus on this count the claimant is entitled to an additional compensation of Rs.2000/-. 11. For the loss of amenities and enjoyment of life, a 4 compensation of Rs.7,000/- was awarded by the Tribunal, which appears to be inadequate. Having regard to the nature of the injuries sustained, we feel that a compensation of Rs.10,000/- would be reasonable on this count. Thus on this count the claimant is entitled to an additional compensation of Rs.3000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 12. Thus the claimant is entitled to an additional compensation of Rs.16,550/-. The Tribunal awarded interest @ 7% per annum, which appears to be low. He is entitled to interest @ 7.5% per annum for the compensation already awarded and for the enhanced compenstion from the date of petition till realisation and proportionate cost. The 2nd respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the date of receipt of a copy of this judgment. The award of the Tribunal is modified to the above extent. The appeal is disposed of as found above. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-