IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 MACA.No. 80 OF 2004() --------------------- OPMV.559/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA APPELLANT/APPLICANT SHYNI D/O. VILSARANGAM, AGED 17 YEARS (MINOR), REPRESENTED BY HER FATHER VILSERANGAM, MYLEDI PUTHEN VEEDU, MINI BHAVAN, MYLEDIPUTEN VEEDU, MINI BHAVAN, PULIYARAKONAM.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT\S: RESPONDENTS 1. THE MANAGING DIRECTOR, K.S.R.T.C. TRANSPORT PHAVAN, FORT, THIRUVANANTHAPURAM. 2. RAJAGOPALAN, ANUGRAHA, IRATTATHERUVU, ANTHIYOOR, BALARAMAPURAM. ADV. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC SRI.K.PRABHAKARAN, SC, K.S.R.T.C. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J U D G M E N T RAMAN, J. WHEN THIS MATTER WAS TAKEN UP FOR CONSIDERATION NONE APPEARED. THERE WAS NO REPRESENTATION ALSO. CALLED THE NAME OF THE PARTIES. ABSENT. DISMISSED FOR DEFAULT. SD/-, P.R. RAMAN, JUDGE. SD/-, P. R. RAMACHANDRA MENON, JUDGE. // TRUE COPY // P.S. TO JUDGE. KNC/- A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 80 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 14th day of October,2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.559 of 2000 on the file of the Motor Accidents Claims Tribunal, Neyyattinkara. Claimant is a girl, aged 14 at the time of the accident. She sustained the following injuries in a motor accident that occurred on March 12, 2000 near Block Office, Malayinkeezh :- 1) Contusion of the (R) eyebrow. 2) Injury on the lateral aspect of (R) eye. The claimant has seizure episode, headache and she was reviewed in Head injury Clinic of Neuro Surgery Department after one month. 2. The accident happened, while the claimant was travelling in a trekker bearing registration No.KL-01-K 6179 from Malayinkeezh to Ooruttambalam. When the trekker reached near Block Office, Malayinkeezh, it dashed against a K.S.R.T.C. bus bearing registration No.KL-15- MACA 80/2004 2 1025, driven by the 2nd respondent. Alleging negligence against the 2nd respondent (driver of the bus) the claimant, through her next friend-father, filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.1,50,000/-. 3. The 2nd respondent, driver of the K.S.R.T.C. bus remained absent before the Tribunal. The 1st respondent, Managing Director of the K.S.R.T.C. filed a written statement admitting the accident, but attributing negligence on the part of the driver of the trekker. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence on the part of 2nd respondent and awarded a compensation of Rs.12,500/- with interest @ 9% p.a. from the date of petition till realization. 4. Heard the learned counsel for the appellant and learned counsel for the K.S.R.T.C. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence MACA 80/2004 3 on the part of the second respondent is not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 6. The Tribunal awarded a total compensation of Rs.12,500/-. Break up of the compensation awarded is as under:- Pain and suffering : Rs.7,000/- Transport expenses : Rs.1,000/- Damage to clothing : Rs. 500/- Medical expenses : Rs.2,000/- Discomfort and inconvenience : Rs.2,000/- caused. ------------------ Total : Rs.12,500/- ======= 7. The learned counsel for the appellant has mainly sought enhancement of compensation for the loss of amenities and enjoyment in life, for pain and suffering endured and for medical expenses. 8. Claimant produced Ext.A9 series medical bills for Rs.5,997/-. The Tribunal awarded only Rs.2,000/- for medical expenses. No reason is stated by the Tribunal for MACA 80/2004 4 discarding the medical bills. Further, taking into account the fact that after one month, she was reviewed in the Neuro Surgery department, we feel that a compensation of Rs.6,000/- would be reasonable for medical expenses. 9. The Tribunal awarded Rs.7,000/- for pain and suffering endured by the claimant. Taking into account the nature of the injuries sustained, we feel that Rs.10,000/- would be reasonable on this count. 10. The Tribunal awarded Rs.2,000/- for discomfort and inconvenience caused. Having regard to the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.5,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 11. In the result, the claimant is entitled to an additional compensation of Rs.10,000/-. He is entitled to interest @ 9% from the date of petition till realization. The 1st respondent shall deposit the amount within two months MACA 80/2004 5 from the date of receipt of a copy of this judgment with notice to the claimant. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn