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 29TH MARCH 2011 / 8TH CHAITHRA 1933 MACA.No. 1719 of 2007() -------------------------------------- OPMV.548/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): PETITIONER ------------------------------------------- KUNNUMMAL MUSTHAFA, S/O KUNHI MOHAMMED, AGED 30 YEARS, KUNNUMMAL HOUSE, KOLAPPARAMBU P.O., MALAPPURAM 676522. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): RESPONDENTS -------------------------------------------------- 1. M.PADMANABHAN, S/O MANIKYAN, M/S EBRAHIM RAJ LOTTERY SERVICES, BAMBOO BAZAR, BUNDAR BANGALORE 660002. 2. T.K.SELVARAJ, S/O KALIANNAN, NECHE COPY, N.THOTTIPPALAYAM, P.O.KUGALUR, GOBI TALUK, TAMIL NADU 638001. 3. NATIONAL INSURANCE CO. LTD., SEVEN RAJA STREET, NEAR BUS STAND, GOBI CHETTIPALAYAM, ERODE, PIN 638001. R3 BY ADV. SRI.JOE KALLIATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1719 of 2007 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 29th day of March, 2011 JUDGMENT Barkath Ali, J. 1. Appellant is the claimant in O.P.(MV) No.548/2004 on the file of the Motor Accidents Claims Tribunal, Tirur. In this appeal he challenges the judgment and award of the Tribunal dated November 25, 2006 awarding a compensation of ` 30,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on November 29, 2003 at about 3.30 a.m. at Kondotty. While the claimant was travelling in a lorry bearing registration No.KL-10/R 784 from Chelari to Manjeri, it collided head on with another lorry bearing registration No.KA019/A 7223, driven by the second respondent. The claimant sustained serious injuries in that accident. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of ` 1,54,500/-. MACA 1719/2007 2 3. Respondents 1 to 3, the owner, driver and the insurer respectively of the offending lorry, remained absent and they were set ex parte by the Tribunal. The claimant was examined as PW1 and Exts.A1 to A21 were marked on the side of the claimant. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the second respondent and awarded a compensation of ` 30,000/- with interest @ 9% p.a. from the date of petition till realization and a cost of ` 750/-. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the claimant and the counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the second respondent is not seriously challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. MACA 1719/2007 3 6. The claimant sustained the following injuries in the accident:- “1) Two lacerated wounds on the right side of the forehead. 2) Two lacerated wounds on the left upper eyelid. 3) Lacerated wound on the left eyebrow. 4) Abrasions over the left side of the face. 5) Lacerated wound on the left ear exposing the cartilages.” 7. The Tribunal awarded a total compensation of `30,000/-. Break up of the compensation awarded is as under:- Transport to hospital : ` 1,000 Damage to clothing : ` 500 Bystander's expenses : ` 1,600 Medical bills : ` 3,600 Extra nourishment : ` 1,000 Loss of earnings : ` 6,000 Pain and suffering : ` 8,000 Loss of amenities and : ` 3,000 Enjoyment in life. Disfiguration : ` 5,000 ------------------ Total : ` 29,700 Rounded to : ` 30,000 ======= 8. The counsel for the claimant sought enhancement of MACA 1719/2007 4 compensation for the disfigurment caused and for loss of amenities and enjoyment in life. 9. The Tribunal awarded ` 5,000/- for disfigurement caused, which appears to be very low. Taking into account the fact that the claimant has disfigurement of left ear, we feel that a compensation of ` 10,000/- would be reasonable on this count. 10. The Tribunal awarded ` 3,000/- for loss of amenities and enjoyment in life, which appears to be very low. Taking into consideration the fact that the Medical Board has certified that the claimant has a permanent disability of 3%,we feel that a compensation of `10,000/- would be reasonable on this count. 11. For pain and suffering endured by the claimant, ` 8,000/- was awarded by the Tribunal, which, in our view, is quite inadequate. Having regard to the nature of the injuries sustained by the claimant, we feel that a compensation of `15,000/- 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. MACA 1719/2007 5 12. In the result, the claimant is found entitled to an additional compensation of ` 19,000/- with interest @ 9% per annum from the date of petition till realization. The appeal is filed with a delay of 1192 days. The claimant is not entitled to interest during the said period. 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 with notice to the claimant. 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. mn