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 18TH MAY 2010 / 28TH VAISAKHA 1932 MACA.No. 1210 of 2006(A) ------------------------------------- (O.P(MV).NO.1021/2001 DTD. 11/11/2005 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, PERUMBAVOOR) .................... APPELLANT/APPELLANT: ------------------------------------- MURALEEDHARAN NAIR, AGED 59 YEARS, S/O. KRISHNAN NAIR, RADHA NIVAS, RAYAMANGALAM POST, KURUPPAMPADY, ERNAKULAM DISTRICT. BY ADVS. SRI.C.A.NAVAS, SRI.T.K.SASIKUMAR, SRI.T.A.SHABEERALI, SRI.E.A.MUHIYADEEN. RESPONDENTS: ------------------------ 1. NARAYANAN, S/O. KRISHNAN, PARAMBIL HOUSE, PULLUVAZHY, RAYAMANGALAM VILLAGE, ERNAKULAM DISTRICT. * 2. OMANA NARAYANAN, W/O. NARAYANAN, PARAMBIL HOUSE, PULLUVAZHY, RAYAMANGALAM VILLAGE, ERNAKULAM DISTRICT. *(DELETED) *THE NAME OF 2ND RESPONDENT IS DELETED FROM PARTY ARRAY AT THE RISK OF THE APPELLANT VIDE ORDER DTD. 03/12/09 IN I.A. 3546/09. 3. THE NEW INDIA ASSURANCE COMPANY LTD., ST.JOSEPH BUILDING A.M. ROAD, PERUMBAVOOR BRANCH, ERNAKULAM DISTRICT. R3 BY ADV. SRI.P.JAYASANKAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1210 of 2006 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 18th day of May, 2010 JUDGMENT Barkath Ali, J. In this appeal under section 173 of the Motor Vehicles Act claimant in O.P.(MV) No.1021 of 2001 of the Motor Accidents Claims Tribunal, Perumbavoor challenges the judgment and award of the Tribunal dated November 11, 2005 awarding a compensation of Rs.35,340/- for the loss caused to the claimant, on account of the injury sustained by him in a motor accident. 2. The facts leading to this appeal, in brief, are these:- The claimant was aged 54 at the time of the accident and was employed in Cochin Shipyard, earning a salary of Rs.3,000/- per month. On February 5, 2000 while the claimant was starting his motor cycle bearing registration No. KEF-1178 at Kuruppampady at about 6.10 p.m., a scooter bearing registration No. KL-7B 6041, ridden by the first respondent, came at high speed hit on the right leg of the claimant and the motor cycle, causing serious injuries to MACA 1210/06 2 the claimant. According to the claimant, the accident occurred due to the rash and negligent riding of the offending scooter by the first respondent. The first respondent as the rider, the second respondent as the owner and third respondent as the insurer of the offending scooter are jointly and severely liable to pay the compensation to the claimant. 3. Respondents 1 and 2, rider and owner of the offending scooter, remained absent and were set ex parte by the Tribunal. The third respondent, insurer of the offending scooter, filed a written statement, admitting the policy and further contending that there was negligence on the part of the claimant. 4. The claimant was examined as PW1 and Exts. A1 to A12 were marked on the side of the claimant. No evidence was adduced by the third respondent. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs.35,340/- with interest at the rate of 7% p.a. from the date of petition till realization. The claimant has come up in appeal, challenging the quantum of compensation awarded by the Tribunal. MACA 1210/06 3 5. Heard the learned counsel for the claimant and learned 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 first respondent, rider of the offending scooter is not seriously 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 deep lacerated wound anterior-medial aspect right ankle 7 cm. long, as revealed from Ext.A6 accident register-cum-wound certificate issued from San Joe Hospital, Perumbavoor. Ext.A7 is the discharge summary, which shows that the claimant was admitted in the Medical Trust Hospital on 26-2-2000 and discharged on 29-2- 2000. Ext.A8 the salary certificate shows that he was employed in Cochin Shipyard Ltd. and was drawing salary of Rs.2,165.60. 8. The Tribunal awarded a total compensation of Rs.35,340/-. Break up of the compensation awarded is as under:- MACA 1210/06 4 Loss of income : Rs.12,996/- Transportation expenses : Rs.1,500/- Extra nourishment : Rs.1,000/- Damage to clothing : Rs.250/- Treatment expenses : Rs.3,590/- By-stander’s expenses : Rs.2,000/- Pain and suffering : Rs.8,000/- Loss of amenities : Rs.6,000/- and enjoyment in life. ------------------ Total : Rs.35,336/- Rounded to : Rs.35,340/- ======= 9. The learned counsel for the appellant has mainly sought enhancement of compensation for loss of amenities and enjoyment in life and for pain and suffering. The learned counsel for the claimant pointed out that no compensation was awarded towards the disability caused. 10. The Tribunal awarded Rs.6,000/- for the loss of amenities and enjoyment in life, which appears to be very low. Taking into consideration the nature of injuries sustained, we feel that a compensation of Rs.15,000/- would be reasonable on this count. 11. For the pain and suffering endured, the Tribunal awarded a compensation of Rs.8,000/-. Having regard to the nature of the injuries sustained, we feel that a compensation MACA 1210/06 5 of Rs.15,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 12. In the result, the claimant is entitled to an additional compensation of Rs.16,000/-. He is entitled to interest @ 7 % as ordered by the Tribunal from the date of petition till realization. The third respondent, being the insurer of the offending scooter, shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. 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. mn