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 7TH APRIL 2010 / 17TH CHAITHRA 1932 MACA.No. 2030 of 2007() ------------------------------------ OPMV.414/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER: -------------------------------------- JAYASREE. K., W/O.SUKUMARAN NAMBIAR, AGED 39 YEARS, KRISHNA NIVAS, P.O. ANCHAMPEEDIKA, KANNUR DISTRICT. BY ADV. SMT.K.K.CHANDRALEKHA RESPONDENT/SECOND RESPONDENT: ---------------------------------------------------------- M/S. ORIENTAL INSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, KANNUR DIVISION, KANNUR DISTRICT. BY ADV.SRI.V.P.K.PANICKER. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. A.K.BAHSEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 2030 of 2007 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 7th day of April, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P. (MV) No.414 of 2001 of Motor Accidents Claims Tribunal, Thalassery challenges the judgment and award of the Tribunal dated September 11, 2006 awarding a compensation of Rs.31,050/- for the loss caused to the claimant on account of the injuries sustained by her in a motor accident. 2. The facts leading to this appeal, in brief, are these:- The claimant is a lady aged 34 at the time of the accident and used to earn Rs.6,200/- per month as a Teacher, according to the claimant. On June 27, 2000 the claimant was travelling in a bus bearing registration No.KL-13A 6111 from Kalliasseri to Kannur. When the bus reached near Central Prison, Kannur at about 4.45 p.m. the MACA 2030/2007 2 engine of the bus caught fire. The passengers became panic and was trying to get out of the bus. At that time the front door of the bus was opened and the petitioner was thrown out of the bus. She sustained serious injuries. According to the claimant, the accident occurred due to the rash and negligent driving of the offending by the third respondent. First respondent as the owner, second respondent as the insurer and third respondent as the driver of the offending bus are jointly and severally liable to pay compensation to the claimant. The claimant claimed a compensation of Rs.1,25,000/- 3. Respondents 1 and 3, the owner and the driver of the offending bus remained absent and were set ex parte by the Tribunal. The second respondent, the insurer of the offending vehicle filed a written statement, admitting the policy, but contending that there was no negligence on the part of the driver of the bus, third respondent. 4. Claimant was examined as PW1 and and Exts.A1 to A9 were marked on the side of the claimant before the MACA 2030/2007 3 Tribunal. The Tribunal, on an appreciation of evidence, awarded a compensation of Rs.31,050/-. 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 third respondent, driver of the offending bus, 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 claimant sustained the following injuries, as revealed from Ext.A2 copy of the wound certificate :- 1) Multiple lacerated wounds over the face and right foot. 2) Lacerated wound on the nose. 3) Subconjunctival haemorrhage right eye. C.T. scan of right humeral head with shoulder joint showed MACA 2030/2007 4 suggestive of lenier fracture greater tuberosity of right humerous. C.T. scan of head showed fracature and zygomatic arach and right maxillarysinus. Ext.A3 is the discharge certificate, which reveals that she was admitted on 27-6-2000 and was discharged on 1-7-2000. Ext.A4 is the treatment certificate. Ext.A5 series are the C.T. scan reports. Ext.A7 certificate of disability shows that the claimant has now stiffness of right shoulder and disability of 10%. 8. The Tribunal awarded a total compensation of Rs.31,050/-. Break up of the compensation awarded is as under :- Loss of earning : Rs.6,172/- Transportation expense : Rs.1,000/- Medical expense : Rs.7,850/- Extra-nourishment : Rs.500/- Bystander's expense : Rs.500/- Pain and sufferings : Rs.15,000/- -------------------- Total : Rs.31,022/- Rounded to : Rs.31,050/- ======== 9. The learned counsel for appellant sought MACA 2030/2007 5 enhancement of compensation for pain and sufferings endured and for loss of earning. He also pointed out that no compensation was awarded for the disability caused and for the consequential loss of earning. 10. The claimant is still employed as a teacher. Therefore, the Tribunal is perfectly justified in not awarding any amount towards disability caused. But, towards loss of amenities and enjoyment in life, we feel that a compensation of Rs.20,000/- would be reasonable. Regarding compensation granted under other heads, we find the same to be just and reasonable and therefore, we are not disturbing the same. 11. In the result, it is found that the claimant is entitled to Rs.20,000/- as additional compensation. She is entitled to interest @ 9% per annum from the date of petition till realization and proportionate cost. The second respondent being the insurer of the offending vehicle, shall deposit the amount before the Tribunal within two months from the date of receipt of a copy of this judgment with MACA 2030/2007 6 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. MACA 2030/2007 7