IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 MACA.No. 749 of 2004(D) ----------------------------------- (OP(MV).NO.2203/1996 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM) .................... APPELLANT/PETITIONER: ------------------------------------- BEEPATHU, W/O. ABOOBACKER, H.NO.XII/263, THOTTATHIL HOUSE, VIDAKUZHA, KALAMASSERY. BY ADVS. SRI.P.K.MOHAMMED PUZHAKKARA, SRI.V.A.NAWAS. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. MATHEW PAUL, PUTHUSSERY HOUSE, KIZHAKKAMBALAM. 2. C.P.ELDO, CHITTAPPARA HOUSE, IYKARANADU, ERNAKULAM DISTRICT. 3. THE UNITED INDIA INSURANCE CO. LTD., MUVATTUPUZHA. 4. ALI THACHIRUKUDI HOUSE, MUDIKKAL P.O. 5. THE NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, KOCHI. R3 BY ADV. SRI.A.R.GEORGE, R5 BY ADV. SRI.P.JAYASANKAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 749 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 15th day of July, 2010 JUDGMENT Barkath Ali, J. This appeal by the claimant in O.P.(MV) No.2203 of 1996 is directed against the judgment and award of the Motor Accidents Claims Tribunal, Ernakulam dated July 31, 2003, awarding a compensation of Rs.1,12,250/- for the loss caused to the claimant on account of the injuries sustained in a motor accident. 2. The claimant was pillion riding on a scooter bearing registration No.KL-7K-3513, ridden by her husband, along Kakkanad – Pallikkara road on October 5, 1995 at about 9.10 a.m. When they reached near the Manakkakadavu Toll Gate, they were knocked down by a bus bearing registration No.KRD 9144, which came from the opposite side. The claimant sustained the following injuries in the accident:- 1) Conscious, oriented. MACA 749/2004 2 2) Contusions on (L) zygoma, (Lt.) supra orbital region, upper lip front of chest. 3) Extensive contusions on both gluteal regions. 4) Abrasions on (L) hand. 3. In the accident the husband of the claimant who was riding the scooter also sustained serious injuries. Alleging negligence against the driver of the offending bus, the claimant filed O.P. before the Tribunal under section 166 of the Motor Vehicles Act against respondents 1 to 3; owner, driver and insurer of the offending bus. The owner and insurer of the scooter were subsequently impleaded as supplemental respondents 4 and 5 before the Tribunal. 4. Respondents 1, 2 and 4 remained absent and were set ex parte by the Tribunal. The third respondent, insurer of the offending bus, admitted the policy. The fifth respondent, insurer of the scooter also admitted policy. 5. This O.P. was jointly tried along with O.P.(MV) No. 2202 of 1996 filed by the husband of the claimant and a common award was passed. MACA 749/2004 3 6. PWs.1 and 2 were examined and Exts. A1 to A26 were marked on the side of the claimant. No evidence was adduced by the respondents. The Tribunal, on an appreciation of the evidence, awarded a total compensation of Rs.1,12,250/- with interest at the rate of 9% p.a. from the date of petition till realization and proportionate cost. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 7. Heard the learned counsel for the claimant and learned counsel for respondents 3 and 5. 8. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the second 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? 9. The Tribunal awarded a total compensation of Rs.1,12,250/-. Break up of the compensation awarded is as under:- MACA 749/2004 4 Transport to hospital : Rs. 500/- Damage to clothing : Rs. 250/- Attendant expenses : Rs. 6,000/- Extra nourishment : Rs. 3,000/- Loss of earnings : Rs. 7,500/- Medical and treatment expenses : Rs. 50,000/- Pain and suffering : Rs. 25,000/- Loss of amenities : Rs. 15,000/- Disfigurement caused : Rs. 5,000/- ---------------------- Total ; Rs.1,12,250/- ======== 10. The learned counsel for the appellant/claimant sought enhancement of compensation for pain and suffering endured, loss of amenities and enjoyment in life and for the disfigurement caused. He pointed out that no compensation was awarded for the disability caused. 11. The claimant did not produce any certificate of disability. Therefore, the Tribunal is perfectly justified in not awarding any compensation for the alleged disability caused. 12. The Tribunal awarded Rs.25,000/- for pain and suffering endured by the claimant. Taking into consideration the nature of the injuries sustained, we feel MACA 749/2004 5 that a compensation of Rs.35,000/- would be reasonable on this count. 13. For loss of amenities and enjoyment in life Rs.15,000/- was awarded by the Tribunal. Having regard to the nature of the injuries sustained, we feel that a compensation of Rs.25,000/- would be reasonable on this count. 14. Rs.5,000/- was awarded for the disfigurement caused. The injuries sustained by the claimant showed that she has suffered disfigurement. Therefore, a compensation of Rs.20,000/- would be reasonable on this count. 15. The Tribunal took the monthly income of the claimant as Rs.1,250/- and awarded Rs.7,500/- towards loss of earnings for six months. As the claimant was a lady aged 46, even as a coolie, she would have been earning a minimum of Rs.2,000/- per month. Therefore,we feel that her monthly income can reasonably be fixed at Rs.2,000/-. Thus for the loss of earnings the claimant is entitled to a compensation of Rs.12,000/- i.e., for six months at the rate MACA 749/2004 6 of Rs.2,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 16. Therefore, the claimant is entitled to an additional compensation of Rs.39,500/-. She is entitled to interest at the rate of 9% p.a. from the date of petition till realization. The third respondent, being the insurer of the offending bus, shall deposit the amount before the Tribunal 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. In the result, the appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn MACA 749/2004 7