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 18TH JANUARY 2011 / 28TH POUSHA 1932 MACA.No. 647 of 2008() ------------------ OPMV.285/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA ................ APPELLANT-PETITIONER: -------------------------------------- K.S. SAMUEL, KUZHIKKATHOTTIYIL HOUSE, KOOVAPPALLY KARA, KUDAYATHOOR VILLAGE. BY ADVS. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENTS - RESPONDENTS: ------------------------------------------------- 1. ANIL KUMAR, S/O. BHASKARAN, ANITHA BHAVAN HOUSE, THOTTAMBHAGAM KARA, THIRUVALLA, KAVIYOOR VILLAGE. 2. MOLLY SAJI, BETHEL HOUSE, NEAR S.B.H.S., CHANGANACHERRY. 3. SHAJI M.H., S/O. ALI HASSAN, MADEENA HOUSE, ROSAPPOOKANDAM, KUMILY. 4. DIRECTOR, HARIJAN WELFARE DEPARTMENT, TRIVANDRUM. 5. THE ORIENTAL INSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, MUVATTUPUZHA. R5 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 647 OF 2008 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 18th day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No. 285 of 2000 on the file of the Motor Accidents Claims Tribunal, Thodupuzha. In this appeal he challenges the judgment and award of the Tribunal dated April 27, 2007 awarding a compensation of Rs.6,94,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on February 5, 2000. While the claimant was travelling in a jeep bearing registration No.KEV 4709 fromMoolamattom to Painavu and when it reached at Meenmuttu at about 12.45 p.m., a bus bearing registration No.KL-5F.3760 driven by the 1st respondent came from the opposite side dashed against the jeep, as a result of which the claimant sustained very serious injuries. Alleging negligence against the 1st respondent, the claimant filed the O.P. before the Tribunal under section MACA 647/2008 2 166 of the Motor Vehicles Act claiming a compensation of Rs.25 lakhs. 3. Respondents 1 and 2, the driver and owner of the offending bus, remained absent before the Tribunal. Respondents 3 and 4 are the driver and owner of the jeep. The 3rd respondent remained absent and he was set exparte by the Tribunal. The 4th respondent filed a written statement admitting the accident. The 5th respondent insurer of the bus as well as the jeep admitted the policy of the vehicles involved in the accident. It was also contended that the policy issued in respect of the jeep is an “Act only” policy and the risk of the passenger was not covered under the policy. 4. PWs.1 and 2 were examined and Exts.A1 to A18 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the 1st respondent the driver of the offending bus and awarded a compensation of Rs.6,94,000/- MACA 647/2008 3 with interest @ 6% p.a. from the date of petition till realization against respondents 1, 2 and 5. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the 1st respondent owner of the offending bus is not seriously 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.6,94,000/-. Break up of the compensation awarded is as under:- Loss of earnings : Rs. 47,967 Transportation : Rs. 10,000 Damage to clothing : Rs. Extra nourishment : Rs. 6,000 Bystander expenses : Rs. 10,000 Treatment expenses : Rs. 30,300 Pain and suffering : Rs. 40,000 Disability : Rs.5,49,292 MACA 647/2008 4 ------------------ Total : Rs.6,93,559 Rounded to : Rs.6,94,000 ======= 8. The learned counsel for the appellant/claimant sought enhancement of compensation for the disability caused and on other heads. 9. The claimant sustained the following injuries in the accident :- “1) Lacerated wound 2 x ½ cm. On back of the right ear. 2) Contusion on right occipital region. 3) Diffuse axonal injury with brain stem contusion and right hemi paresis. 4) Right pneumotherax with fracture ribs from second to tenth. 5) Subcutaneous emphysema and right homonymous hemlanopia. 6) Abrasion on the scalp. As a result of the injuries sustained, the claimant was unable to stand up from sitting position without help and he cannot walk without support. Speaking capacity is also MACA 647/2008 5 affected and right side vision is lost. He suffered permanent disability of 70%. At the time of the accident he was working as L.D.Compilor, District Scheduled Caste Development Office, Idukki, Moolamattom and was drawing a salary of Rs.3,899/-. Taking into consideration the nature of the injuries sustained and the disability caused to him, we feel that the compensation awarded by the Tribunal is just and reasonable. It follows that he is not entitled to any enhanced compensation. 10. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum, which is very low. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realization. In the result, the appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn