IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 MACA.No. 1268 of 2005() --------------------------------- OPMV.970/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- SUBASH, KOCHUKOCHERIL, PALATHRA COLONY, VAZHAPPALLY PADINJARU, CHANGANASSERY. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): ------------------------- 1. JIJI FRANCIS, PULICKAL HOUSE, INDUSTRIAL ESTATE NAGAR P.O., CHANGANACHERRY. 2. SALU, PALAMPARAMBIL, MANGATTAYAM COLONY, KUZHIMATTOM, PAPNACHIKADU, KOTTAYAM. 3. THE ORIENTAL INSURANCE CO.LTD., CHANGANASSERY. R3 BY ADV. SRI.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1268 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 24th day of March, 2010 JUDGMENT Barkath Ali, J: In this appeal under section 173 of the Motor Vehicles Act claimant in O.P.(MV) No.970 of 2000 of the Motor Accidents Claims Tribunal, Kottayam challenges the award of the Tribunal dated February 23, 2004, awarding a compensation of Rs.37,000/- 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 23 at the time of the accident and used to earn Rs.5,000/- per month, according to the claimant. On 31-12-1999 at 11.45 am while the petitioner was traveling in a motor cycle bearing registration No.KL 5G/2339, a jeep bearing registration No.KL 5F/3733, driven by the second respondent, came at a high speed and dashed against the motor cycle. The claimant sustained very MACA 1268/05 2 serious injuries. According to the claimant, the accident occurred due to a rash and negligent driving of the offending jeep by the second respondent. The first respondent as the owner, the second respondent as the driver and third respondent as the insurer of the offending jeep are jointly and severely liable to pay the compensation to the claimant. 3. Respondents 1 and 2, owner and driver of the offending jeep remained absent and were set ex parte by the Tribunal. The third respondent, insurer of the offending jeep, filed written statement, admitting the policy and further contending that the accident occurred due to the negligence on the part of the claimant. 4. Exts. A1 to A8 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.37,000/- with interest at 9% p.a. from the date of petition till realization and cost. The claimant has come up in appeal, challenging the quantum of compensation awarded by the Tribunal. MACA 1268/05 3 5. Heard the learned counsel for the appellant 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 second respondent is not seriously challenged in this appeal. Therefore, the only question for consideration is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs. 37,000/-. Break up of the compensation awarded is as under:- Loss of earning : Rs.4,500/- Treatment expenses : Rs.4,000/- By-stander’s expenses : Rs.1,000/- Transport to hospital : Rs.500/- Pain and suffering : Rs.12,000/- Loss of amenities : Rs.15,000/- and enjoyment of life. ------------------ Total : Rs.37,000/- ======= 8. The learned counsel for the appellant has mainly sought enhancement of compensation for the loss of amenities and enjoyment in life. He pointed out that no compensation MACA 1268/05 4 was awarded for disability caused. 9. The claimant sustained the following injuries, as revealed from Ext.A4 wound certificate and discharge card:- 1) Types III fracture both bones right leg. 2) Conteggiae fracture right. He was hospitalized for 14 days. As no documents were produced to prove his income, the Tribunal took his monthly income as Rs.1,500/- per month and awarded Rs.4,500/- for loss of earnings. Taking into consideration the fact that he was aged 22 at the time of the accident and claimant is working as Goldsmith, we feel that his income can reasonably be fixed at Rs.2,000/- per month. Thus, for loss of earnings, the claimant is entitled to compensation of Rs.7,500/- (3 months at the rate of Rs.2,500/-). Therefore, on this count the claimant is entitled to additional compensation of Rs.3,000/-. 10. For loss of amenities and enjoyment of life, Rs.15,000/- was awarded by the Tribunal, which appears to be very low. Taking into consideration the injuries sustained, we feel that a compensation of Rs.20,000/- would be reasonable. MACA 1268/05 5 Thus, on this count the claimant is entitled to an additional compensation of Rs.5,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 11. In the result, the claimant is entitled to an additional compensation of Rs.8,000/-. He is entitled to interest @ 9% from the date of petition till realization. He is also entitled to proportionate cost. The third respondent being the insurer of the offending vehicle, shall deposit the amount within two months from the date of receipt of a copy of this judgment. The award is modified to the above extent. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn