IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 MACA.No. 1134 of 2007() ----------------------- OPMV.127/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): APPELLANT/PETITIONER IN OP(MV) --------------------------------------------- JIJEESH A.P., S/O. GOPALAN, AGED 33 YEARS, RESIDING AT MANGALAM VEEDU, VALIYAPARAMBU, CHELAMBRA POST, MALAPPURAM. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------- 1. GOVINDANKUTTY, KIZHAKKEDATH HOUSE, 111/33, VADAKKANCHERY POST, KUNNAMKULAM. 2. ANVAR M.A., S/O. ABOOBACKER, MUNDAKKA PARAMBIL HOUSE, FEROKE COLLEGE POST, KOZHIKODE. 3. THE UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, ORISON COMPLEX, VADAKKANCHERY ROAD, KUNNAMKULAM. ADV. SRI.K.SANDESH RAJA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/01/2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1134 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.127/2000 on the file of Principal Motor Accidents Claims Tribunal, Kozhikode. In this appeal he challenges the judgment and award of the Tribunal dated October 18,2006 awarding a compensation of Rs.15,250/- 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 October 26, 1999 at about 9.15.p.m. He was having some swelling and bleeding. There are wound on the right side of face and he has suffered fracture on mandible. Lacerations over face and knee. Debridement and suturing was advised. Maxillo facial surgery was suggested. 2. The accident happened while the claimant was riding his motor cycle bearing Reg.No.KL-11-5784 from Idimoozhikkal to chelembra. At that time, a tempo van bearing Reg.No.KER 9280 came MACA.No.1134/2007 2 at a high speed and dashed against the motor cycle. Alleging negligence against the second respondent, the driver of the tempo van, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 2,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending tempo remained absent before the Tribunal. The third respondent, the insurer of the offending tempo van filed a written statement admitting the policy. 4. Exts.A1 to A5 series were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending tempo by second respondent and awarded a compensation of Rs. 15,250/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs. 200/-. 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 MACA.No.1134/2007 3 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 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. 7. The break up of the compensation awarded by the Tribunal is as under : 3 days hospitalisation including Ext.A5 series bills, for dental treatment - Rs. 5,000/- Bystander expenses - Rs. 500/- Transportation - Rs. 500/- Pain and suffering - Rs. 5,000/- Loss of amenities - Rs. 2,500/- Loss of income - Rs. 1,500/- Damage to clothing - Rs. 250/- 8. Counsel for the claimant sought enhancement of compensation for loss of amenities and enjoyment of life and for pain and suffering endured. 9. The Tribunal awarded Rs.2,500/- for loss of amenities and enjoyment in life and Rs. 5,000/- for pain and suffering endured which appear to be very low. Taking into consideration the nature of the MACA.No.1134/2007 4 injuries sustained by the claimant, we feel that a compensation of Rs. 5,000/- for loss of amenities and enjoyment in life and Rs. 10,000/- for pain and suffering endured would be reasonable . 10. There is another aspect in this case. The Tribunal awarded Rs. 1,500/- for loss of income for one month. According to the claimant, he was a painter and welder earning Rs.6,000/- per month at the time of the accident. Taking into consideration the above aspect, we feel that his monthly income can be reasonably fixed at Rs. 2,500/-. The nature of the injuries suffered by the claimant shows that he must have been disabled for atleast three months. Thus, towards loss of income he is entitled to a compensation of Rs. 7,500/- ( 2500 x 3). As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 11. 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. MACA.No.1134/2007 5 12. In the result, the claimant is found entitled to an additional compensation of Rs. 13,500/-. 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 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. 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.1134/2007 6