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 9TH FEBRUARY 2011 / 20TH MAGHA 1932 MFA.No. 325 of 2003() -------------------------------- OP.(MV)NO .640/1996 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,PUNALUR .................... APPELLANT(S)/PETITIONER ------------------------------------------ MINI KUMARY, D/O.KAMALAMMA,DAMSITE, K.I.P.COLONY, KULATHUPUZHA MURI, PATHANAPURAM. BY ADV. SRI.REJI MATHEW RESPONDENT(S)/ RESPONDENTS ------------------------------------------------- 1. M.RAMDAS, POURNAMI BHAVAN, KOVILAKAM ROAD, KARAPPURZHA, KOTTAYAM. 2. CHERIAN.M.K., S/O. KURIAKOSE, K.J.MUNDU POIKAYIL VEEDU, MANGALAM. 3. THE NEW INDIA ASSURANCE CO.LTD, GENERAL JUNCTION, KOTTAYAM. 4. M.G.ABRAHAM, S/O.M.G.GEORGE, MANIYATTIL HOUSE, 20 ACRE, THENMALA, THENMALA. 5. P.S.GEORGE, S/O.SAMUEL, CHARUVILLA PUTHEN VEEDU, NEAR GOVT. HOSPITAL, PUNALUR.P.O. 6. THE ORIENTAL INSURANCE CO.LTD., PUNALUR. BY THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.F.A. No. 325 of 2003 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 9th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.640 of 1996 on the file of the Motor Accidents Claims Tribunal, Punalur. In this appeal she challenges the judgment and award of the Tribunal dated September 16, 2002 awarding a compensation of Rs.27,215/- for the loss caused to her on account of the injuries sustained by her in a motor accident. 2. The accident occurred on March 16, 1996 at about 7.30 a.m. at Andoorpacha. While the claimant was travelling in a jeep bearing registration No.KL/02/B/1870, a mini lorry bearing registration No.KL/05/C/7399 driven by the 2nd respondent came from the opposite direction and dashed against the jeep, as a result of which the claimant sustained serious injuries. Alleging negligence against the 2nd respondent, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs. 2 lakhs. MFA 325/2003 2 3. Respondents 1 and 2, the owner and driver respectively of the offending mini lorry, filed a written statement admitting the accident but denied the negligence on the part of the 2nd respondent. Respondents 4 and 5, the owner and driver of the jeep, remained absent and they were set ex parte by the Tribunal. Respondents 3 and 6 insurers of the vehicles filed separate written statements admitting the accident but attributed negligence to driver of other vehicle. They admitted the policies of the respective vehicles. 4. Exts.A1 to A14 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence on the part of the 2nd respondent, driver of the offending mini lorry, and awarded a compensation of Rs.27,215/- with interest @ 9% p.a. from the date of petition till realization. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. MFA 325/2003 3 5. Heard the learned counsel for the appellant/claimant and learned counsel for the 3rd respondent /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 2nd 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. 7. The Tribunal awarded a total compensation of Rs.27,215/-. Break up of the compensation awarded is as under:- Transportation : Rs. 2,000 Extra nourishment : Rs. 1,000 Bystander expenses : Rs. 1,000 Medical expenses : Rs. 3,215 Pain and suffering : Rs. 5,000 Continuing discomfort and : Rs.15,000 inconvenience. ------------------ Total : Rs.27,215 ======= 8. The learned counsel for the appellant/claimant MFA 325/2003 4 sought enhancement of compensation for pain and suffering endured and on other heads. He also pointed out that no compensation was awarded for the disability caused. 9. The claimant sustained a lacerated wound 2 c.m. x 1 cm. x 1 cm. obliquely placed on the scalp. The scan report showed cerebral oedema, irregular hyperdense area with surrounding hypodensity suggestive of a haemorrhagic contusion in the right frontoparietal region superiorly. There was depressed fracture of the right parietal and frontal bones in the same region. 10. The nature of the injuries sustained by the claimant shows that she must have suffered some disability for which we feel that a compensation of Rs.25,000/-would be reasonable. 11. The Tribunal awarded a sum of Rs.5,000/- for pain and suffering endured. Having regard to the nature of the injuries sustained, we feel that an additional compensation of Rs.5,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the MFA 325/2003 5 same to be reasonable and therefore, we are not disturbing the same. 12. In the result, the claimant is found entitled to an additional compensation of Rs.30,000/-. She is entitled to interest @ 7.5% per annum from the date of appeal till realization and proportionate costs. The 3rd respondent 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