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 7TH FEBRUARY 2011 / 18TH MAGHA 1932 MACA.No. 1029 of 2010() ------------------------------------ OP(MV) .1786/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN THE OP(MV) ---------------------------------------------------------------- MUHAMMED HAJI, S/O.KADARAKUTTY, AGED 61 YEARS, NALLADATH HOUSE, MALAPPURAM DISTRICT. (NOW RESIDING AT PALAKKAL HOUSE, ARAKKINAR P.O., KOZHIKODE BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN THE OP(MV) ------------------------------------------------------------------------ 1. MUHAMMED HANEEFA P., POOKODAN HOUSE, MOONNIYUR P.O., MALAPPURAM DISTRICT. 2. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, PANDI AUTOMOBILE BUILDING, UPHILL, MALAPPURAM DISTRICT. R2 BY ADV. SMT.DEEPA GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1029 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 7th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.1786 of 2005 on the file of the Motor Accidents Claims Tribunal, Kozhikode. In this appeal he challenges the judgment and award of the Tribunal dated April 21, 2009 awarding a compensation of Rs. 62,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on April 6, 2005 at about 1 p.m. While the claimant was walking along the side of Chemmad -Thalappara road, he was knocked down by a jeep bearing registration No.KL-10/B-7151 driven by the 1st respondent. He sustained serious injuries. Alleging negligence against the 1st respondent, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.2 lakhs. 3. The 1st respondent, owner-cum-driver of the offending jeep, remained absent before the Tribunal. The 2nd respondent, MACA 1029/2010 2 insurer of the offending jeep, filed a written statement admitting insurance coverage of the vehicle. 4. Exts.A1 to A4 series 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 and awarded a compensation of Rs.62,000/- with interest @ 7% p.a. from the date of petition till realization. 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 driver of the offending jeep 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 MACA 1029/2010 3 Rs.62,000/-. Break up of the compensation awarded is as under:- Medical bills : Rs.25,000 Incidental charges : Rs. 5,000 Pain and suffering : Rs.18,000 Loss of amenities : Rs. 7,000 Loss of notional income : Rs. 6,000 Transportation : Rs. 1,000 ------------------ Total : Rs.62,000 ======= 8. The learned counsel for the claimant sought enhancement of the compensation for the disability caused, loss of amenities and enjoyment in life and for pain and suffering. 9. The claimant sustained the following injuries in the accident :- “1) Comminuted fracture of left femur with undisplaced intercondylar extension. 2) Subacute intestinal obstruction sequalae of head injury 3) Right middle and lower lobe considation lung.” 10. No compensation was seen awarded for the disability caused. No document was produced by the claimant to show that he has suffered any disability due to the injury sustained. Therefore, the Tribunal is perfectly justified in not awarding any MACA 1029/2010 4 compensation for the alleged disability caused. 11. The Tribunal awarded Rs.7,000/- for loss of amenities and enjoyment in life and Rs.18,000/- for pain and suffering endured by the claimant, which appear to be very low. Taking into consideration the nature of the injuries sustained and treatment he had undergone, we feel that a compensation of Rs.15,000/- for loss of amenities and enjoyment in life and Rs.25,0000/- for pain and suffering endured would be reasonable. 12. The Tribunal awarded Rs.6,000/- for loss of earning for four months at the rate of Rs.1,500/- per month. The claimant was aged 55 at the time of the accident and was an agriculturist earning Rs.6,000/- per month, according to him. Taking into consideration the above aspect, we feel that his monthly income can reasonably be fixed at Rs.3,000/-. Therefore on this count, he is entitled to a compensation of Rs.12,000/-. 13. The Tribunal awarded interest only @ 7% per annum, which appears to be very low. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realization for MACA 1029/2010 5 the compensation already awarded and also for the enhanced compensation. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 14. In the result, the claimant is found entitled to an additional compensation of Rs.21,000/-. He is entitled to interest @ 7.5% per annum from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. The 2nd respondent, insurer of the offending jeep, shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. 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. mn MACA 1029/2010 6