IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 MACA.No. 190 of 2006() ---------------------- OPMV.690/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT/CLAIMANT -------------------------------- VELAYUDHAN, S/O.THAMPI, ARAMGOTTUPARAMBIL HOUSE, NAITHALLUR P.O., ESWARAMANGALAM, PONANI TALUK. BY ADV. SRI.A.KRISHNAN RESPONDENT(S): RESPONDENTS --------------- 1. M.SHANMUGHAM, S/O.MURUGHA MUDALIYAR, PANNAI ILLOM, MARUDUR P.O., KULITHALAI, KARUR DISTRICT, TAMILNADU. 2. MEENASHI SUNDARAM, S/O.KALIMUTHU PANAYOOR SAVARTTY, THERATHAPETTY, NAITHALLUR COLONY P.O., KULITHALAI, KARUR DISTRICT, TAMILNADU. 3. UNITED INDIA ASSURANCE COMPANY LTD., BRANCH OFFICE, 78, KAMARAJ SALAI, CAUVERY NAGAR, KULITHALAI, KARUR, TAMILNADU. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 190 of 2006 ------------------------------------------------------ Dated: JULY 23, 2010 JUDGMENT Barkath Ali, J. In a motor accident which occurred on January 29, 2002 at about 5.30 a.m. on the Edappal – Ponnani Road, the appellant claimant sustained the following injuries : “Swelling on the scalp. Acute Subdural haemoatoma on the left temporal region.” 2. The accident occurred while the claimant was riding a bicycle, he was knocked down by a lorry bearing Reg.No.TN/47C 3393 driven by the 2nd respondent. Claiming a compensation of Rs.3 lakhs, he filed OP(MV)690/2002 before the Motor Accidents Claims Tribunal, Tirur, under sec.166 of the Motor Vehicles Act alleging negligence against the 2nd respondent. Respondents 1 and 2, the owner and the driver of the offending lorry, did not file any written statement before the Tribunal. Only respondent No.3/insurer contested the matter, but admitted the policy. The claimant was examined as PW.1 and Exts.A1 to A8 were marked before the Tribunal by the claimant. No evidence was adduced by the contesting 3rd respondent. On an appreciation of evidence the Tribunal awarded compensation of Rs.71,300/- with interest at the rate of 6% per annum from the date of petition till M.A.C.A. 190 of 2006 2 realisation and proportionate costs. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 3. Heard the counsel for the claimant and the counsel for the Insurance Company. 4. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 2nd respondent is not challenged in this appeal. Therefore the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 5. The break up of the compensation awarded by the Tribunal is as under: transport to hospital Rs.1000/- expenses of bystander 2000/- damage to clothing 500/- medical expenses 33800/- extra nourishment 2000/- loss of earnings 12000/- pain and suffering 15000/- loss of amenities 5000/- ----------------- Total 71300/- ========== 6. The counsel for the claimant sought enhancement of the compensation on all heads. Taking into consideration the nature of the injuries sustained and the period of treatment the claimant has undergone as revealed from Ext.A3 wound certificate and discharge summary and Ext.A5 certificate of disability wherein it is stated that the M.A.C.A. 190 of 2006 3 claimant has suffered a disability of 5%, we feel that the compensation awarded by the Tribunal is just and reasonable except in the case of loss of amenities and enjoyment of life. 7. The Tribunal awarded a compensation of Rs.5000/- for the loss of amenities and enjoyment of life. Taking into consideration the nature of the injuries sustained, we feel that a compensation of Rs.15000/- 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. 8. Thus the claimant is entitled to an additional compensation of Rs.10,000/-. The Tribunal has awarded interest only at the rate of 6% per annum which is very low. The claimant is entitled to interest @ 7.5% per annum on the compensation awarded by the Tribunal and on the enhanced compensation. The 3rd respondent, the insurer, 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 mt/-