IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 MACA.No. 1851 of 2005() ----------------------- OPMV.155/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER: ----------------------------------- K.V. KRISHNADASAN, S/O. VELAYUDHAN, KANAKKATHARA, PARUTHIPPALLY POST, PERINGOTTUKURUSSI, VILLAGE NO.1, ALATHUR TALUK. BY ADV. SRI.C.RAGHAVAN RESPONDENTS/RESPONDENTS --------------- 1. K.V. PREMADASAN, S/O. VELAYUDHAN, KANAKKATHARA, PARUTHIPPULLY POST, PERINGOTTUKURUSSI VILLAGE NO.1, ALATHUR TALUK. 2. UNITED INDIA INSURANCE COMPANY, SURYA COMPLEX, PALAKKAD. ADV. SRI.M.A.GEORGE FOR R2 SRI.V.CHITAMBARESH FOR R1 SRI.T.C.SURESH MENON FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1851 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.155/1999 on the file of Motor Accidents Claims Tribunal, Palakkad. In this appeal, he challenges the judgment and award of the Tribunal dated April 8, 2005 awarding a compensation of Rs.46,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident that occurred on January 23,1999 at about 9 a.m. : 1. Abrasion right ankle 2 x 1 cm. on the posterior aspect of right thigh. 2. Fracture femur right. 2. The accident happened while the claimant was travelling in the autorickshaw bearing Reg.No.KL 9C.1735 driven by first respondent from Kanakkathara to Kottayi. When he reached near Kottachantha, due to the negligent driving of the vehicle by first respondent, the autorickshaw capsized. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal MACA.No.1851/2005 2 under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 2,50,700/-. 3. Respondent No. 1, the owner-cum-driver of the offending autorickshaw though entered appearance before the Tribunal, did not file any written statement. Respondent No.2, the insurer of the offending autorickshaw filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A8 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting second respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending autorickshaw by first respondent and awarded a compensation of Rs. 46,000/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.750/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellant/claimant 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 first MACA.No.1851/2005 3 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. 7. The Tribunal awarded a total compensation of Rs.46,000/-. The break up of the compensation amount awarded is as under: Transport to hospital - Rs. 1,500/- Extra nourishment - Rs. 800/- Bystander expenses - Rs. 2,500/- Damage to clothing - Rs. 200/- Medical expenses - Rs.10,000/- Pain and suffering - Rs.12,500/- Disability - Rs.15,500/- Loss of amenities - Rs. 3,000/- 8. Counsel for the claimant sought enhancement of compensation for loss of amenities and enjoyment of life and for pain and suffering endured by the claimant.. 9. The Tribunal awarded Rs.12,500/- for pain and suffering endured by the claimant and Rs.3,000/- for loss of amenities and enjoyment in life. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 15,000/- for pain and suffering endured and Rs.5,000/- for loss of amenities and enjoyment in life would be reasonable. As regards the compensation awarded under other heads, we find the same to be reasonable and MACA.No.1851/2005 4 therefore we are not disturbing the same. 10. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum which appears to be very low. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 4,500/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation and proportionate cost. The second 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.1851/2005 5 MACA.No.1851/2005 6