IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 MACA.No. 1723 of 2004() ----------------------- OPMV.587/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER ----------------------- MANIKANDAN, S/O.RAGHAVAN, KOOTTAMOOCHY, ERIMAYORE P.O., PALAKKAD DISTRICT. BY ADV. SRI.C.RAGHAVAN RESPONDENTS/RESPONDENTS --------------- 1. P.L.BABY, S/O.LONAPPAN, PONNOOKKARAN HOUSE, P.O.NELLIKUNNU, THRISSUR. 2. T.T.DAVIES, S/O.THOMAS, THATTIL HOUSE, MUKKATTUKARA, P.O.NETTISSERY, OLLUKKARA, THRISSUR. 3. THE ORIENTAL INSURANCE COMPANY LTD., M.G.ROAD, THRISSUR. ADV. SRI.P.V.JYOTHI PRASAD FOR R3 SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1723 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.587/1995 on the file of Additional Motor Accidents Claims Tribunal, Palakkad. In this appeal he challenges the judgment and award of the Tribunal dated April 30, 2004 awarding a compensation of ` 3,800/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on November 14, 1994 . While the claimant was riding his bicycle along Alathur-Palakkad public road, he was knocked down by a car bearing Reg.No.KL-8/ B 7900 driven by the second respondent. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of ` 50,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending car remained absent before the Tribunal. The third MACA.No.1723/2004 2 respondent, the insurer of the offending car filed a written statement admitting the policy. 4. PWs 1 to 3 were examined and Exts.A1 to A15 were marked on the side of the claimant before the Tribunal. Ext.B1 was marked by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending car by second respondent and awarded a compensation of ` 3,800/- with interest @ 9% per annum from the date of petition till realisation and a cost of Rs.150/-. 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 second 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. MACA.No.1723/2004 3 7. The claimant sustained the following injuries in the accident : 1. Multiple lacerated wound in left forearm. 2. One large wound 6 x 3 cm. 3. An incised wound 3 x 4 cm. on the left parietal region. 4. Lacerated wound on back of right forearm below elbow. 5. Lacerated wound right knee joint. 8. The Tribunal awarded a total compensation of ` 3,800/-. The break up of the compensation amount awarded is as under: Loss of earning - ` 1,000/- Damage to clothing - ` 250/- Transportation - ` 500/- Medical expenses - ` 400/- Extra nourishment - ` 150/- Pain and suffering - ` 1,500/- 9. Counsel for the claimant sought enhancement of compensation on all counts. 10. Taking into consideration the nature of the injuries sustained by the claimant and the period of treatment he has undergone, we feel that an additional compensation of Rs.5,000/- would be reasonable. 11. In the result, the claimant is found entitled to an additional MACA.No.1723/2004 4 compensation of ` 5,000/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. The third 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 sv. MACA.No.1723/2004 5