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 23RD JUNE 2010 / 2ND ASHADHA 1932 MACA.No. 181 of 2010() ---------------------- OPMV.1849/1999 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... APPELLANT(S): LRS OF PETITIONER IN OP(MV) ----------------------------------------- 1. VENU, AGED 42 YEARS, S/O.SANKARAN, THENGAKOTTIL, KARUVATTA VADAKKUM MURI, KARUVATTA. 2. SARALA, AGED 46 YEARS, D/O.SANKARAN, THENGAKOTTIL, KARUVATTA VADAKKUM MURI, KARUVATTA. 3. SYAMALA, AGED 44 YEARS, D/O.SANKARAN, THENGAKOOTTIL, KARUVATTA VADAKKUM MURI, KARUVATTA. BY ADV. SRI.S.MOHANAN RESPONDENT(S): RESPONDENTS --------------- 1. JAYAKUMAR, KATTUVILA KIZHAKKETHIL, MYNAGAPPALLY, KUNNATHOOR. 2. M.M.HANEEF, S.S.MANZIL, KUNNANKODE, ADOOR. 3. NATIONAL INSURANCE CO.LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, KOLLAM. ADV. SRI.P.JAYASANKAR FOR R3 SRI.S.PRASANTH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 181 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the legal heirs of deceased first claimant in O.P.(MV)No.1849/1999 of Motor Accidents Claims Tribunal, Mavelikara challenges the judgment and award of the Tribunal dated November 29, 2008 awarding a compensation of Rs. 27,150/- for the loss caused to the deceased first claimant on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these : On January 10, 1999 at about 3.30 p.m., deceased first claimant was pillion riding on the motor cycle bearing Reg.No.KL-4D/6788, which was ridden by the claimant in O.P.(MV)No.1816/1999. When they reached near Karuvatta Asramam junction, a jeep bearing Reg.No.KL-03C/1235 driven by the first respondent came at a high speed and dashed against the motor cycle of the deceased first claimant. MACA.No.181/2010 2 The deceased first claimant sustained serious injuries. According to the deceased first claimant, the accident occurred due to the rash and negligent driving of the offending jeep by second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending jeep are jointly and severally liable to pay compensation to the deceased first claimant. Deceased first claimant claimed a compensation of Rs. 92,000/-. 3. Respondents 1 and 2, the owner and driver of the offending jeep remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending jeep filed a written statement admitting the policy and further contended that the compensation claimed is excessive. 4. This O.P. was jointly tried along with O.P.(MV) Nos.1969/1999 and 1816/1999 and a common award was passed. Pws 1 and 2 were examined and Exts.A1 to A18 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence awarded a compensation of Rs. 27,150/- with interest MACA.No.181/2010 3 @ 7.5% per annum from the date of petition till realisation. After the award was passed by the Tribunal, first claimant died. Therefore, his legal heirs have filed this appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellants 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 second respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the legal heirs of deceased first claimant are entitled to any enhanced compensation. 7. The deceased first claimant sustained the following injuries as revealed from Ext.A12, copy of the wound certificate. Lacerated injury right side of head ( bone deep) 15 cm. x 5 cm., both bone fracture left leg. 8. Ext.A13 is the discharge card issued from the hospital. CT scan Ext.A14 showed that he had bilateral subdural effusion left frontal and right fronto parietal region. He was aged 78 at the time of the MACA.No.181/2010 4 accident and as an agriculturist he used to earn Rs. 3,000/- per month, according to him. The Tribunal took his monthly income as Rs. 1500/- as he was aged 78 at the time of the accident and awarded Rs. 27,150/-. The break up of the compensation awarded is as under : Loss of earnings - Rs.6,000/- Transport to hospital - Rs. 750/- Extra nourishment - Rs. 750/- Damage to clothing - Rs. 400/- Bystander expenses - Rs. 3,000/- Treatment expenses - Rs. 250/- Pain and suffering - Rs. 10,000/- Disability and loss of enjoyment and amenities in life - Rs. 6,000/- 9. Counsel for the appellants sought enhancement of compensation for the loss of amenities and enjoyment of life, for pain and suffering and for the disability caused. 10. For the pain and suffering, Rs. 10,000/- was awarded by the Tribunal which appears to be very low. Taking into account, the nature of the injury sustained by the deceased first claimant, we feel that a compensation of Rs.15,000/- would be reasonable on this count. 11. Rs.6,000/- was awarded by the Tribunal for the disability caused and for the loss of amenities and enjoyment of life. Deceased MACA.No.181/2010 5 first claimant did not suffer any disability due to the injury sustained. But taking into account the nature of the injury sustained and the age of the deceased, we feel that a compensation of Rs. 10,000/- would be reasonable for the disability caused and for loss of amenities and enjoyment of life. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 12. In the result, the appellants are entitled to an additional compensation of Rs. 9,000/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation. The third 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. 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 sv. MACA.No.181/2010 6 MACA.No.181/2010 7