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 11TH FEBRUARY 2011 / 22ND MAGHA 1932 MACA.No. 615 of 2005() ---------------------- OPMV.691/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER ----------------------- ANOOP, S/O.BHASKARAN, ARIVARAM HOUSE, AGED 18 YEARS, KAMBALAKKAD POST, WAYANAD DISTRICT. BY ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) SRI.MATHEWS V.JACOB (PARAVUR) SRI.N.T.NANDAKUMAR (PARAVUR) RESPONDENTS/RESPONDENTS --------------- 1. T.B.KUNHIMAYIN HAJI, S/O.MOIDEEN KUNJU, PADHOOR HOUSE, POST THAKKIL, KASARGODE DISTRICT. 2. KRISHNAMOORTHY, S/O.CHINNASWAMI, KALLUTTIKKALIL VEEDU, KIZHAKKA HOUSE, CHITTOOR POST, PALAKKAD DT. 3. THE UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, NOORANAL BUILDINGS, SULTHANBATHERY POST, WAYANAD DISTRICT. 4. V.P.KUNHABDULLA, S/O.SOOPPY HAJI, VALUTHAPARAMBATH HOUSE, KAMBALAKKAD POST, NEAR GUP SCHOOL, WAYANAD DT. 5. SHANAVAS, S/O.V.P.KUNHABDULLA, VALUTHAPARAMBATH HOUSE, NEAR GUP SCHOOL, KAMBALAKKAD POST, WAYANAD DISTRICT. 6. THE NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE, M.G.T.BUILDING, KALPETTA NORTH POST, WAYANAD DT. ADV. SRI.P.G.GANAPPAN FOR R6 SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.615 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.691/1998 on the file of Motor Accidents Claims Tribunal, Wayanad. In this appeal, he challenges the judgment and award of the Tribunal dated December 3, 2004 awarding a compensation of Rs.20,500/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained abrasion interscapular area and abrasion right big toe. 2. The accident happened while the claimant was travelling in the jeep bearing Reg.No.KLN 6007 from Kalpetta to Kambalakkad. When he reached at Puliyarmala, the jeep collided head on with the tipper lorry bearing Reg.No.KLN 2777. Alleging negligence against the driver of both the vehicles, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 1,50,000/-. 3. Respondents 1 to 3 are the owner, driver and insurer of the MACA.No.615/2005 2 tipper lorry involved in the accident. Respondents 4 to 6 are the owner, driver and insurer of the jeep involved in the accident. Respondents 1, 2, 4 and 5 filed written statements admitting the accident, but attributed negligence to the drivers of the other vehicle. Respondents 3 and 6, the insurers of the vehicles filed written statement admitting the policy of the respective vehicle. 4. PW1 was examined and Exts.A1 to A23 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the negligence of the drivers of both the vehicles and and awarded a compensation of Rs. 20,500/- with interest @ 6% per annum from the date of petition till realisation. 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 MACA.No.615/2005 3 drivers of both the vehicles 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.20,500/-. The break up of the compensation amount awarded is as under: Transport charges - Rs. 1,000/- Extra nourishment - Rs. 250/- Bystander expenses - Rs. 250/- Medical expenses - Rs. 2,500/- Pain and suffering - Rs. 5,000/- Disability - Rs.10,000/- Loss of earning - Rs. 1,500/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused, for pain and suffering endured and for loss of amenities and enjoyment of life. 9. The Tribunal awarded Rs.10,000/- for the disability caused which appears to be very low. Ext.A19, the Medical Board has certified that he has a disability of 30% and that he is suffering from sensorineural hearing loss due to trauma. Taking into consideration the above aspect and the fact that he was aged 18 and was working as a coolie, we feel that an additional compensation of Rs.30,000/- would MACA.No.615/2005 4 be reasonable for the disability caused. 10. The Tribunal awarded Rs.5,000/- for the pain and suffering endured by the claimant. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 10,000/- would be reasonable on this count. 11. No amount is seen awarded for loss of amenities and enjoyment in life. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 10,000/- 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. 12. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum which appears to be very low. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. 13. In the result, the claimant is found entitled to an additional compensation of Rs. 45,000/-. He is entitled to interest @ 7.5% per MACA.No.615/2005 5 annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation and proportionate cost. Respondents 3 and 6 being the insurers of the offending vehicles shall deposit the amount before the Tribunal in equal proportion 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.615/2005 6