IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 MACA.No. 2202 of 2008 ----------------------- OPMV.1371/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): PETITIONER: -------------- AJI.K.S., S/O.SREEDHARAN, 32 YEARS R/AT.KAPPILPUTHENPURAYIL, MEKADAMPU PO., VALAKAM VILLAGE, ERNAKULAM. BY ADV. SRI.GEO PAUL SRI.SANU MATHEW SRI.C.R.PRAMOD SRI.M.B.SANDEEP RESPONDENT(S): --------------- 1. VISWANATHAN, S/O.SREEDHARA MENON, PAZHACKAL HOUSE, AROOKUTTY KARA, AROOR VILLAGE, 2. THANKA.N.V., PULACKA PARAMBIL HOUSE, NO.20/1959, KACHERIPADY, PALLURUTHY, KOCHI, ERNAKULAM. 3. UNITED INDIA INSURANCE CO.LTD. BANK OF BARODA BUILDING, PB.NO.228, PALACE ROAD, MATTANCHERY, KOCHI. ADV. SMT.JOLIMA GEORGE FOR R2 SRI.B.RAMACHANDRAN FOR R2 SMT.K.RENUKA DEVI FOR R2 SMT.T.C.SOWMIAVATHY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q. BARKATH ALI, JJ. =-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-= M.A.C.A. No. 2202 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-= Dated this the 15th 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.1371 of 2004 of the Motor Accidents Claims Tribunal, Muvattupuzha challenges the judgment and award of the Tribunal dated December 18, 2007, awarding a compensation of Rs.59,500/- 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 a driver aged 28 and earning Rs.6,000/- per month, according to him. On April 3, 2004 while he was riding a motor cycle bearing registration No.KL-7AH/2540 along Muvattupuzha-Ernakulam road, a car bearing registration No.KL-7Z/2073, driven by the first respondent, came at a high speed and knocked him down. The claimant sustained very serious injuries. According to MACA 2202/08 2 him, the accident occurred due to the rash and negligent driving of the car by the first respondent. The first respondent as the driver, second respondent as the owner and third respondent as the insurer of the offending vehicle are jointly and severely liable to pay the compensation to the claimant. The claimant claimed a compensation of Rs.2,50,000/-. 3. The first respondent driver of the offending car remained absent and was set ex parte by the Tribunal. The second respondent, owner of the offending car, contended that the accident occurred due to the rash and negligent driving of the motor cycle by its rider, the claimant. The third respondent Insurance Company field a written statement, admitting the policy and further contending that the accident occurred due to the negligence on the part of the rider of the motor cycle and that the first respondent had no valid driving licence at the time of the accident. 4. The claimant was examined as PW1 and Exts. A1 to A19 were marked on the side of the claimant. Ext.B1 was marked on the side of the contesting third respondent. The MACA 2202/08 3 Tribunal, on an appreciation of the evidence, awarded a compensation of Rs.59,500/- with interest at the rate of 8.5% p.a. from the date of petition till realization. Dissatisfied with the above amount, the claimant has come up in appeal. 5. Heard the learned counsel for the appellant and learned counsel for respondent Nos. 2 and 3. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the first 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 ? 7. The Tribunal awarded a total compensation of Rs.59,500/-. Break up of the amount awarded is as under:- Loss of earning : Rs.10,000/- Transportation : Rs.1,000/- Damage to clothing etc/ : Rs.500/- Extra nourishment : Rs.500/- Expenses of bystander : Rs.3,000/- Medical expenses : Rs.16,500/- Pain and suffering : Rs.18,000/- Loss of amenities : Rs.10,000/- ------------------ MACA 2202/08 4 Total : Rs.59,500/- ======== 8. The claimant sustained bifrontal extradural haematoma left and fracture of right femoral condyle. Fixation of femoral condyle was done. Ext.A16 is the copy of the wound certificate issued form the hospital. The discharge summary issued from the hospital Ext.A17, which is made available to us for perusal, shows that the claimant sustained fracture of bi-frontal EDR with fracture skull and fracture of right femoral condyle. Ext.A18 shows that the claimant was again admitted to the hospital on 18-5-2004 and discharged on 25-5-2004. 9. The learned counsel for the appellant/claimant has mainly sought enhancement of compensation amount for pain and suffering endured and loss of amenities and enjoyment of life. The Tribunal awarded Rs.18,000/- for the pain and suffering endured and Rs.10,000/- for the loss of amenities and enjoyment of life, which appear to be very low. Taking into account the nature of the injuries sustained and the period of treatment, which the claimant has MACA 2202/08 5 undergone, compensation of Rs.20,000/- for pain and suffering and Rs.20,000/- for the loss of amenities and enjoyment of life would be reasonable. As regards the compensation awarded under other heads, those appears to be reasonable and therefore, we are not disturbing the same. 10. Thus, the claimant is entitled to additional compensation of Rs.12,000/-. The claimant is entitled to interest at 9% p.a. from the date of petition till realization. The third respondent insurer of the offending car shall deposit the amount before the Tribunal within two months from the date of receipt of copy of this judgment. In the result, the appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn