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 17TH FEBRUARY 2010 / 28TH MAGHA 1931 MACA.No. 1886 of 2005() ----------------------- OPMV.132/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER. ----------------------------------- ROBLE R.JOHN, S/O.ABRAHAM JOHN, CHOTHIAKUNNEL HOUSE, THIRUVARPU, KOTTAYAM DISTRICT REPRESENTED BY HIS POWER OF ATTORNEY HOLDER ABRAHAM JOHN, RESIDING IN THE ABOVE ADDRESS. BY ADV. SRI.JOHN VARGHESE SRI.K.S.SAJEEV KUMAR RESPONDENT(S): RESPONDENTS. --------------------------- 1. TOM THOMAS, S/O.THOMAS, KONDODICKAL HOUSE, VADAVATHOOR, P.O. KOTTAYAM. 2. GOPI, S/O.RAMAN, KUTTIKATTU HOUSE, PERUVANTHANAM VILLAGE, PERUVANTHANAM P.O. 3. NEW INDIA ASSURANCE CO.LTD., KOTTAYAM. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1886 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of February, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)NO.132/2002 Motor Accidents Claims Tribunal, Kottayam challenges the judgment and award of the Tribunal dated August 26, 2004 awarding a compensation of Rs. 20,203/- for the loss caused to him on account of the injuries sustained in a motor accident. 2. The facts in brief are these : The claimant was working as an air-conditioner mechanic and was earning a monthly salary of Rs. 5000/-. On June 24, 2001 at about 7.00 p.m. while the claimant was travelling in a bus bearing Reg.No. KL 5H/5165 along KK road driven by the second respondent and was about to get down from the bus at Vadavathoor, the second respondent took the bus forward negligently, as a result of which the claimant fell down and sustained serious injuries. According to the claimant, the accident occurred due to the negligence on the part of the second MACA.No.1886/05 Page numbers respondent, the driver. First respondent as the owner and second respondent as the driver and third respondent as the insurer of the offending vehicle are jointly and severally liable to pay compensation to the claimants. 3. Respondents 1 and 2, the owner and driver of the offending vehicle remained absent and were set ex parte before the Tribunal. Third respondent, insurer of the offending vehicle, filed written statement admitting the policy. Exts.A1 to A7 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent . 4. On an appreciation of evidence, the Tribunal awarded a compensation of Rs. 20,203/- with interest and cost of Rs. 1300/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. 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 seriously challenged in this appeal. Therefore the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. The claimants sustained the MACA.No.1886/05 Page numbers following injuries : Avulsion of 4 teeth on the upper jaw and mobility Gr.I of 2 teeth in the lower jaw and lacerated wound over left lip ,lateral side of face, right eye and chin. 6. Ext.A3 is the wound certificate . He was hospitalised from 24-06-2001 to 2-07-2001 i.e. for 7 days. The Tribunal awarded the compensation as follows : Medical Bills -Rs. 3,953/- Extra nourishment -Rs. 1,000/- Damage to clothing & Transport to hospital -Rs. 750/- Loss of earning -Rs. 3,000/- Pain and suffering -Rs. 4,500/- Loss of teeth -Rs. 5,000/- Loss of amenities -Rs. 2,000/- ---------------- Rs. 20,203/- ========= 7. The Tribunal awarded Rs. 4500/- for pain and suffering. Taking into consideration the nature of the injury sustained and the period of treatment undergone by the claimant, we feel that a compensation of Rs. 15,500/- would be reasonable on this count. Thus on this count, he is entitled to an additional compensation of Rs. 11,000/-. MACA.No.1886/05 Page numbers 8. For the loss of teeth Rs. 5000/- was awarded by the Tribunal. The claimant has lost 4 teeth . Therefore, we feel that a compensation of Rs. 15000/- would be adequate on this count. Therefore, on this head, he is entitled to an additional compensation of Rs. 10,000/-. In all other respects, the compensation awarded by the Tribunal appears to be reasonable. 9. In the result, the claimant is entitled to an additional compensation of Rs. 21,000/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. Third respondent, the insurer, 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. The Appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1886/05 Page numbers