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 13TH JULY 2010 / 22ND ASHADHA 1932 MACA.No. 512 of 2006() ---------------------- OPMV.1883/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT(S): APPELLANT/APPLICANT --------------------------------- KRISHNA KUMAR, AGED 36 YEARS, S/O.KESAVAN POTTI, THOTTUVASSERI MADOM, KESAVAPURAM, VELLALLOOR (PO), KILIMANNOOR. BY ADV. SRI.K.RAVIKUMAR RESPONDENT(S): --------------- 1. NIZAR, KUNNIL VEEDU, MEEYANNOOR, NETTAYAM (PO), KOTTARAKKARA. 2. VIMAL KUMAR, S/O.DIVAKARAN, S.D.BHAVAN, KESAVAPURAM, VALLALOOR (PO), VELLALLOOR VILLAGE. 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, POST BOX NO.8, VIJAYA NAGAR BUILDING, PULAMON (PO), KOTTARAKKARA. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.512 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of July, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.1883/2000 of Motor Accidents Claims Tribunal, Attingal challenges the judgment and award of the Tribunal dated February 3, 2005 awarding a compensation of Rs. 39,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these : On August 22, 2000 at about 8.45 p.m., the claimant was travelling in the autorickshaw bearing Reg.No.KL-2A 1472 near Alamcodu. When he reached at Chenkikunnu, the autorickshaw capsized. The claimant sustained serious injuries. According to the claimant, accident occurred due to the rash and negligent driving of the offending autorickshaw by second respondent. First respondent as the owner, second respondent as the driver and third respondent as the MACA.No.512/2006 2 insurer of the offending autorickshaw are jointly and severally liable to pay compensation to the claimant. 3. Respondents 1 and 2, the owner and driver of the offending autorickshaw remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending autorickshaw filed a written statement admitting the policy and further contended that the compensation claimed is excessive. 4. Exts.A1 to A13 were marked on the side of the claimant before the Tribunal. On the side of the contesting third respondent, Ext.B1 was marked. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending autorickshaw by second respondent and awarded a compensation of Rs. 39,000/- with interest @ 9% per annum from the date of petition till realisation and a cost of Rs. 1,000/-. 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. MACA.No.512/2006 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 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 claimant sustained the following injuries as revealed from Ext.A4, copy of the wound certificate. 1. Fracture lower end left humerus, supracondylar, intercondylar fracture. 2. Fracture lower end of radius left arm. 3. Deep lacerated wound left lateralmargin of left knee joint, extending horizontally - 5” long 3 cm. deep. 4. Deep lacerated wound left upperend of left calf measuring 2 cm. deep. 8. Claimant produced copy of Ext.A4 and Ext.A13, certificate issued by Cardio Thoracic Surgeon of Medical College Hospital, Thiruvananthapuram. It shows that open reduction and internal fixation with repair of Brachial Artery injury were done. 9. The Tribunal awarded a total compensation of Rs.39,000/-. The break up of the compensation awarded is as under : Pain and suffering - Rs. 20,000/- Damage to clothing - Rs. 500/- MACA.No.512/2006 4 Transport to hospital - Rs. 500/- Extra nourishment - Rs. 2,000/- Hospitalisation and treatment - Rs. 4,000/- Loss of earning - Rs. 3,000/- As per medical bills - Rs. 9,000/- 10. Counsel for the claimant sought enhancement of compensation for the disability caused and for loss of amenities and enjoyment in life. 11. The Tribunal did not award any compensation for the alleged disability caused. Ext.A4 shows that claimant must suffered some disability due to the injury sustained. Taking into consideration the fact that the claimant sustained about three fractures and Brachial Artery injury, we feel that a compensation of Rs. 30,000/- would be reasonable for the disability caused. 12. The Tribunal did not award any compensation for the loss of amenities and and enjoyment in life. Having regard to the nature of the injury sustained,we feel that a compensation of Rs. 10,000/- would be reasonable for the loss of amenities and enjoyment in life. 13. The Tribunal awarded Rs. 3,000/- for loss of earnings. According to the claimant, he was working as a Sales Executive in a MACA.No.512/2006 5 private firm and used to earn Rs. 3,000/- per month. Taking into consideration the above aspect, we feel that his monthly income can be reasonably fixed at Rs. 2,500/-. The nature of the injury sustained by him shows that he must have been disabled for three months for which he is entitled to a compensation of Rs. 7,500/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 14. In the result, the claimant is found entitled to an additional compensation of Rs. 44,500/-. He is entitled to interest @ 9% per annum from the date of petition till realisation 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.512/2006 6 MACA.No.512/2006 7