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 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 MACA.No. 678 of 2004() ---------------------- OPMV.761/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/PETITIONER ---------------------------- BEEPATHUMMA W/O. C.K.MOIDEEN, AGED 50, KALPATHY P.O., KUNNUMPURAM, NOW AT S.R.K.NAGAR, OTTAPPALAM. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): RESPONDENTS -------------------------- 1. C.SURESH BABU, AGE AND FATHER'S NAME NOT KNOWN, CHANGARACHAN VEEDU, VADAKKANTHARA, PALAKKAD. (DELETED) 2. PRADEEP C., S/O. NARAYANAN NAIR, CHANGARACHAN VEEDU, VADAKKANTHARA, PALAKKAD (DELETED) (NAME OF THE 1ST AND 2ND RESPONDENTS ARE DELETED FROM PARTY ARRAY, AT THE RISK OF THE APPELLANT AS PER ORDER DATED 3/12/2009 IN I.A NO.3538/2009) 3. UNITED INDIA INSURANCE CO.LTD., G.B.ROAD, PALAKKAD. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & B.Q. BARKATH ALI, JJ. ------------------------- M.A.C.A No.678 of 2004 -------------------------- Dated this the 23rd February, 2010 J U D G M E N T Barkath Ali,J. In this appeal under Section 173 of the Motor Vehicles Act,the claimant in O.P. (MV) No.761 of 2000 of the Motor Accidents Claims Tribunal,Ottappalam challenges the judgment and award of the Tribunal dated December 2, 2002 awarding a compensation of Rs.56,000/- for the loss caused to the claimant on account of the injuries sustained in a motor accident. 2. The facts in brief are these: The appellant/claimant is a lady aged 50. On May, 10, 2000 at about 5.30 p.m. when the appellant/claimant was waling along the side of the road at Chunnambuthara in Palakkad District, a motor cycle bearing Reg. No.MH 14/B 5918 came at a high speed and knocked her down. The claimant sustained serious injuries. According to the claimant the accident occurred due to the rash and negligent driving of the offending motor cycle by the 2nd respondent. First respondent as the owner, 2nd respondent as the rider and 3rd respondent as the M.A.C.A No.678 of 2004 2 insurer of the motor cycle are jointly and severally liable to pay compensation to the claimant. 3. Respondents 1 and 2, the owner and rider of the offending motor cycle remained absent and were set ex parte by the Tribunal. Third respondent insurer of the offending motor cycle filed a written statement admitting the policy. Exts.A1 to A15 were marked on the side of the claimant and Ext.B1 was marked on the side of the 3rd respondent. On an appreciation of evidence, the Tribunal awarded a compensation of Rs.56,000/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. The accident is not disputed. The finding of the Tribunal that the accident occurred due to negligence on the part of the 2nd respondent is also not challenged in this appeal. Therefore, the only question which arise for consideration is whether the claimant is entitled to any enhanced compensation. 5. The claimant sustained sub trochanteric fracture of left hip as seen from Ext.A4 is the copy of the wound M.A.C.A No.678 of 2004 3 certificate issued from the Palat Hospital, Palakkad. Ext.A5 is the copy of the discharge card issued from the same hospital. The claimant was admitted on 10.5.2000 and was discharged on 27.5.2000. Ext.A12 medical certificate issued from the Balaji Hospital shows that he has permanently disability of 2%. The Tribunal awarded compensation as follows: Pain and suffering - Rs.16,000 Loss of earning - 8,000 Hospital expenses including Bystanders expenses - 2,500 Medical expenses - 16,000 Loss of amenities - 6,500 Extra nourishment - 2,000 Transportation expenses - 1,500 Internal fixation - 3,500 ------------------ 56,000 ======== 6. The counsel for the appellant mainly disputed the compensation awarded by the Tribunal for the disability caused, for the pain and suffering and loss of earning and loss of amenities and enjoyment of life. Taking into consideration the fact that the claimant suffered at a disability of 2%, as evidenced by Ext.A12 certificate of M.A.C.A No.678 of 2004 4 disability, the Tribunal awarded compensation of Rs.6,500/- for the loss of amenities and enjoyment of life which appears to be reasonable. Therefore, for the disability caused, the claimant is not entitled to any further compensation. 7. For the pain and suffering endured by the claimant, Rs.16,000/- was awarded as compensation by the Tribunal which appears to be very low. Taking into consideration the fact that she has sustained sub trochantric fracture on left hip, we feel that compensation of Rs.20,000/- would be reasonable on this count. 8. For the loss of earning Rs.8,000/- was awarded by the Tribunal which appears to be very low. As a lady aged 50, her monthly income can be reasonably estimated at Rs.2,000/-. The nature of the injury sustained by the claimant shows that she must have been disabled for one year for which she is entitled to compensation of Rs.24,000/-. 9. No compensation has been awarded by the Tribunal for the disability caused. It is seen from Ext.A12 M.A.C.A No.678 of 2004 5 shows that he has suffered disability of 2%. Taking into account her monthly income as Rs.2,000/- and the fact that she was a lady aged 50, we feel that compensation of Rs.5,000/- would be reasonable on this count. Thus the claimant is entitled to an additional compensation of Rs.25,500/-. She is entitled to interest at the rate of 9% per annum from the date of petition till reasliation and proportionate costs. Third respondent, the insurer of the motor cycle shall deposit the amount within two months from the date of receipt of a copy of this judgment. The award of the Tribunal is modified to that effect. The appeal is disposed of, as above. A.K.BASHEER,JUDGE P.Q. BARKATH ALI, JUDGE ma M.A.C.A No.678 of 2004 6 M.A.C.A No.678 of 2004 7