IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 MACA.No. 1926 of 2005() ----------------------- OP(MV). 953/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/PETITIONER: --------------------------------------- ANNAPOORNI, D/O. L.N. KRISHNAMOORTHI AGED 10 YEARS, RESIDING AT SUDHA NIVAS, MEETNA, OTTAPPALAM (MINOR) REP. BY HER FATHER AS NEXT FRIEND AND GUARDIAN L.N. KRISHNAMOORTHI S/O. L.N. NARAYANA IYER. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS/RESPONDENTS: -------------------------------------------- * 1. T.A. MANIKANDAN, S/O. APPU, THEKKUMKARA HOUSE, KANJIKULAM, POST MUNDUR, PALAKKAD-678001. (OWNER OF AUTO KL-9/M 968). - DELETED. * 2. GOPALAKRISHNAN RAMAN, AGED 25 YEARS, 3/786, N.K. PALAYAM, CHOCKANATHAPURAM, PALAKKAD. - DELETED 3. UNITED INDIA INSURANCE CO.LTD., G.B. ROAD, PALAKKAD 1012/0/31/011228, VALID FROM 7/6/03 TO 04. RESPONDENTS 1 AND 2 ARE DELETED FROM THE PARTY ARRAY - VIDE ORDER DATED 19.10.07 IN IA.2327/07. R3 BY ADV. SRI.JOHN JOSEPH VETTIKAD THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1926 OF 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 24th day of May, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.953/2003 on the file of the Motor Accidents Claims Tribunal, Ottapalam. In this appeal she challenges the judgment and award of the Tribunal dated April 15, 2005 awarding a compensation of `21,000/- for the loss caused to her on account of the injuries sustained by her in a motor accident. 2. The accident happened on August 19, 2003 at about 1.30 p.m. at L.N.Puram. While the petitioner was travelling in an auto-rickshaw, due to the negligence of the second respondent, the driver of the auto-rickshaw, it capsized. The claimant sustained friction injury/deep abrasions right forearm. Alleging negligence against the second respondent, the driver of the auto-rickshaw, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of `1,05,000/-. MACA 1926/2005 2 3. Respondents 1 and 2, the owner and the driver of the offending auto-rickshaw, filed a joint written statement admitting the accident but denied the negligence of the second respondent. The third respondent, the insurer of the offending auto-rickshaw, filed a written statement admitting the policy of the vehicle. Exts.A1 to A16 were marked on the side of the claimant. Ext.B1 was marked on the side of the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the second respondent and awarded a compensation of ` 21,000/- with interest @ 6% p.a. from the date of petition till realization and cost of `450/-. 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 second respondent is not seriously challenged in this appeal. Therefore, the only question, which arises for MACA 1926/2005 3 consideration, is whether the claimant is entitled to any enhanced compensation. 6. The Tribunal awarded a total compensation of `21,000/-. Break up of the compensation awarded is as under:- Pain and suffering : ` 4,500 Medical expenses : ` 12,000 Bystander's expenses : ` 2,000 Dis-figuration : ` 1,000 Transportation expenses : ` 750 Extra nourishment : ` 750 damage to clothing etc. ------------------ Total : ` 21,000 ======= 7. The counsel for the claimant sought enhancement of compensation for pain and suffering and on other heads. 8. Taking into consideration the fact that the claimant was a girl aged 10 at the time of the accident and the nature of the injuries sustained by her and period of treatment she has undergone, we feel that an additional compensation of ` 15,000/- would be reasonable in this case. 9. In the result, the claimant is found entitled to an additional compensation of ` 15,000. The Tribunal awarded MACA 1926/2005 4 interest only @ 6% per annum, which appears to be very low. She is entitled to interest @ 7.5% per annum for the compensation already awarded and also for the enhanced compensation from the date of petition till realization. She is also entitled to proportionate cost. The third respondent being the insurer of the offending vehicle 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