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 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 MACA.No. 1229 of 2007() ----------------------- OPMV.1098/2001 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OP(MV): ---------------------------------------- A.K. ARUMUGHAM, S/O. KORUTTY, AGED 40 YEARS, AKKARAKUZHIYIL HOUSE,VAYALADA POST, KANNIVAYAL, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS/RESPONDENTS IN OP(MV): ------------------------------------- 1. ABDUL SALAM, S/O.MUHAMMED HAJI, ELAMTHURUTHIL HOUSE, KOODARANJI, MUKKAM VIA., KOZHIKODE. 2. ABDUL JABBAR, S/O. SULAIMAN, KUNNUMPURATH HOUSE, ELETTIL POST, VATTOLI, NARIKKUNI VIA., KOZHIKODE. 3. THE UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, VELIMAN BUILDING, THAMARASSERY. ADV. SMT.K.C.BEENA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q. BARKATH ALI, JJ. ------------------------- M.A.C.A No.1229 of 2007 -------------------------- Dated this the 24th February, 2010 J U D G M E N T Barkath Ali,J. In this appeal under Section 173 of the Motor Vehicles Act filed by the claimant in O.P. (MV) No.1098 of 2001 of the Principal Motor Accidents Claims Tribunal, Kozhikode challenges the judgment and award of the Tribunal dated October 13, 2006 awarding a compensation of Rs.13,250/- to the claimant for the loss caused to him on account of the injury sustained in a motor accident. 2. The facts in brief are these: The claimant was aged 35 and he was earning Rs.6000/- per month as a mason, according to him. On December 19,2000 at about 8.10 a.m he was travelling in a jeep bearing Reg. No.3148 from Thalayad to Manichirimala. Due to rash and negligent driving of the jeep by the 2nd respondent, it capsized on the side of the road. The claimant sustained serious injuries. According to him, the accident occurred M.A.C.A No.1229 of 2007 2 due to rash and negligent driving of the offending jeep by the 2nd respondent. First respondent as the owner, 2nd respondent as the driver and 3rd respondent as the insurer of the offending jeep are jointly and severally liable to pay compensation to the claimant. 3. Respondents 1 and 2, the owner and driver of the offending jeep remained absent before the Tribunal. Third respondent, insurer of the offending jeep filed a written statement admitting the policy. 4. Exts.A1 to A4 were marked on the side of the claimant. No evidence was adduced by the contesting 3rd respondent. On an appreciation of evidence, the Tribunal found that the accident occurred due to negligence on the part of the 2nd respondent and awarded a compensation of Rs.13,250/-. 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 negligence on the part of the 2nd respondent, the driver of the offending M.A.C.A No.1229 of 2007 3 jeep is not challenged in this appeal. Therefore, the only question which arise for consideration is whether the claimant is entitled to any enhanced compensation. The Tribunal awarded compensation as follows: Loss of income for two months : Rs.2,000 Medical treatment : 3,500 Transportation : 500 Damage to clothing : 250 Pain and suffering : 6,000 Loss of amenities and inconvenience : 1,000 ------------------ 13,250 ======== 6. The claimant sustained multiple traumatic contusion and pain on neck and back. Ext.A2 is the reference card issued from the hospital. Ext.A3 is the CT Scan report. Ext.A4 series are the medical bills. 7. The Tribunal awarded Rs.2,000/- for the loss of income for two months and Rs.1,000/- for loss of amenities and inconvenience. Taking into account the fact that the claimant was employed as a mason, we feel that his income can be reasonably estimated at Rs.2,000/- per month. Therefore, for the loss of income, he is entitled to M.A.C.A No.1229 of 2007 4 compensation of Rs.4,000/-. For the loss of amenities and enjoyment of life, taking into consideration the nature of the injury sustained, we feel that compensation of Rs.2500/- would be reasonable. The quantum of compensation awarded under other counts is not questioned before us. Thus the claimant is entitled to additional compensation of Rs.3,500/-. He is entitled to interest at the rate of 7.5% per annum from the date of petition till realisation. The Tribunal awarded interest only at the rate of 6% which appears to be very low. Therefore, for the amount awarded also, the claimant is entitled to interest at the rate of 7.5% per annum. 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 with proportionate costs. The appeal is disposed of, as found above. A.K.BASHEER,JUDGE P.Q. BARKATH ALI, JUDGE ma M.A.C.A No.1229 of 2007 5 M.A.C.A No.1229 of 2007 6 M.A.C.A No.1229 of 2007 7