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 21ST MARCH 2011 / 30TH PHALGUNA 1932 MACA.No. 1033 of 2004(B) ------------------------------------- [O.P.(M.V).NO.596/1995 OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD] .................... APPELLANT/PETITIONER: ------------------------------------- SANTHOSHKUMAR, S/O. BHARATHAN, RESIDING AT CHAKKUPARAMBIL HOUSE, MARUTHA ROAD, P.O. PALAKKAD. BY ADVS. SRI.V.CHITAMBARESH, SRI.T.C.SURESH MENON, SMT.M.R.VALSA, SRI.SREEKANTH.K.R, SMT.G.GEETHISHA. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. KURIAN. P.N., S/O. AGUSTIN, RESIDING AT PANANJIKKAL VEEDU, PEIRNGAVU, THRISSUR. 2. M.K. BOSE, S/O. M.K. KURIAN, RESIDING AT MARIKAL, KEEZHOOR. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, T. NAGAR, MADRAS. R3 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE . THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 1033 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 21st day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.596 of 1995 on the file of the Motor Accidents Claims Tribunal, Palakkad. In this appeal he challenges the judgment and award of the Tribunal dated February 28, 2004 awarding a compensation of Rs.66,750/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on October 14, 1994. While the claimant was riding a motor cycle bearing registration No. TMK/2879, he was knocked down by a lorry bearing registration No.KL-9/A 6087, driven by the first respondent. He sustained serious injuries. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.3,28,000/-. MACA 1033/2004 2 3. Respondents 1 and 2, the driver and owner of the offending lorry, remained absent before the Tribunal. The third respondent, the insurer of the offending lorry, filed a written statement admitting the policy, but attributed negligence to the claimant. PWs.1 and 2 were examined and Exts.A1 to A 11were marked on the side of the claimant. No evidence was adduced by the contesting third respondent. On an appreciation of the evidence, the Tribunal found that the accident occurred due to the negligence of the first respondent, the driver of the offending lorry, and awarded a compensation of Rs.66,750/- with interest @ 9% p.a. from the date of petition till realization and a cost of Rs.500/-.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 first respondent, the driver of the offending lorry, is not MACA 1033/2004 3 seriously challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 6. The claimant sustained the following injuries in the accident:- 1) Multiple abrasions. 2) Highly communited compound fracture both bones of right leg. 3) Fracture on the right foot. 7. The Tribunal awarded a total compensation of Rs.66,750-. Break up of the compensation awarded is as under:- Loss of earning : Rs. 6,000 Transportation expenses : Rs. 250 Extra nourishment : Rs. 1,550 Damage to clothing : Rs. 200 Bystander's expenses : Rs. 1,550 Medical expenses : Rs.39,000 Pain and suffering : Rs. 8,000 Disability : Rs.10,200 ------------------ Total : Rs.66,750 ======= 8. The counsel for the claimant sought enhancement MACA 1033/2004 4 of compensation for the disability caused and for pain and suffering endured. He has pointed out that no compensation was awarded for loss of amenities and enjoyment in life. 9. The Tribunal awarded Rs.10,200/- for the disability caused, which appears to be very low. Taking into consideration the fact that the claimant was aged 28 and was a Plumber and the nature of disability caused, as evidenced by Ext.A11, the certificate of disability, we feel that a compensation of Rs.35,000/- would be reasonable on this count. 10. No compensation was seen awarded by the Tribunal for loss of amenities and enjoyment in life. Having regard to the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.15,000/- would be reasonable for loss of amenities and enjoyment in life. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. MACA 1033/2004 5 11. In the result, the claimant is found entitled to an additional compensation of Rs.39,800/- with interest @ 7.5% per annum from the date of petition till realization. The third respondent being the insurer of the offending lorry 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