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 30TH MARCH 2011 / 9TH CHAITHRA 1933 MACA.No. 84 of 2011() --------------------- OPMV.842/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ------------------------------------ DR. P.G.SAJI, S/O.GOPINATHAPILLAI, VIDYA VIHAR, GURUMANDIRAM BHAGOM, THELLAKOM.P.O., PERUMBAIKADU, KOTTAYAM. PIN-686 016. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM RESPONDENT/RESPONDENTS: ------------------------------------------- 1. AJIMON, CHERUVUPARAMBIL, KALLARA.P.O., PIN-695 608. 2. JOJO LUKOSE, KARAKKATTU, KAIPUZHA.P.O., PIN-686 602. 3. THE ORIENTAL INSURANCE COMPANY LTD., KOTTAYAM. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. No. 84 OF 2011 --------------------------------------- DATED THIS THE 30TH DAY OF MARCH, 2011 J U D G M E N T Barkath Ali, J. Appellant is the claimant in O.P.(MV)No. 842/2006 on the file of Motor Accidents Claims Tribunal, Kottayam. In this appeal, he challenges the judgment and award of the Tribunal dated September 30,2010 awarding a compensation of ` 1,55,649/- to the claimant for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on November 24, 2005 at 1 p.m. While the claimant was travelling in his car bearing registration No. KL 5Q 5598 along Medical College Hospital, Kottayam-Ammencherry road and when he reached on the south of I.C.H. Junction, a bus bearing registration No. KL5/T 5113 driven by 1st respondent came at a high speed from behind and dashed against the back side of the car. He sustained the following injuries in the accident: “1. Bleeding lacerated wound on the upper lip with loss of two upper incisors. 2. Small lacerated wound pre-patella region right 0.5x0.5 cm. M.A.C.A. No. 84 OF 2011 2 3. Fracture of femur (right)”. 3. The 1st respondent, the driver of the offending bus remained absent before the Tribunal. The 2nd respondent, the owner of the offending vehicle filed a written statement admitting the accident, but denied the liability. The 3rd respondent, insurer of the offending vehicle filed a written statement admitting the policy of the offending vehicle. 4. Exts. A1 to A21 were marked on the side of the claimant and Ext.B1 was marked on the side of respondents before the Tribunal. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence on the part of the 1st respondent, the driver of the offending vehicle and awarded a compensation of Rs. ` 1,55,649/- with interest at the rate of 7.5% per annum from the date of petition till realization and a cost of ` 3,000/-. 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. M.A.C.A. No. 84 OF 2011 3 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 1st respondent, the driver of the offending vehicle 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 ` 1,55,649/-. The break up of the compensation amount awarded is as under: Transport to hospital : ` 2000/- Extra nourishment : ` 1500/- Damage clothings : ` 1000/- Bystander expenses : ` 8900/- Medical expenses : ` 1390/- Loss of income : `64859/- Pain and sufferings : `20000/- Loss of amenities in life : `50,000/- Compensation for : ` 6,000 artificial dentures --------------- Total : ` 1,55,649/- ======== 8. The counsel for the claimant sought enhancement of the compensation for the loss of amenities and enjoyment of life and on other heads. He pointed out that no compensation was awarded by the Tribunal for disability caused. M.A.C.A. No. 84 OF 2011 4 9. The claimant was working as senior lecturer in Psychiatry in the Medical College Hospital, Kottayam earning ` 18,840/- per month as salary. The Tribunal did not award any amount for the disability caused to the claimant. Ext. A10 report of the Medical Board shows that the claimant suffered a permanent disability of 6%. Further the claimant has lost three of his teeth. The movement of his right knee is affected. Therefore, we feel that the claimant is entitled to a compensation for the disability caused to him. Taking into consideration the disability caused to the claimant as mentioned above, we feel that a compensation of ` 20,000/- would be reasonable for the disability caused to the claimant. As regards, the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. In the result, the appellant/claimant is found entitled to an additional compensation of ` 20,000/-. He is entitled to interest at the rate of 7.5% per annum from the date of petition till realization. The 3rd 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 M.A.C.A. No. 84 OF 2011 5 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 PKK