IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 MACA.No. 1176 of 2004() ----------------------- OPMV.1214/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONER ------------------------ SURESH, S/O. SUBHADRAMMA, MADATHIL HOUSE, P.O.CHITILAPPILLY, THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN SRI.K.N.AJAYAN RESPONDENT(S): RESPONDENTS --------------- 1. M.P.VIJAYAKUMAR, S/O. PRABHAKARAN, MELEVALAPPIL HOUSE, P.O.IRUNILAMCODE, WADAKKANCHERRY, THRISSUR DISTRICT. 2. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, KURUPPAM ROAD, THRISSUR ADV. SRI.JOHN JOSEPH VETTIKAD FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 1176 of 2004 ------------------------------------------------------ Dated: JULY 23, 2010 JUDGMENT Barkath Ali, J. This appeal under Sec.173 of the Motor Vehicles Act by the claimant is directed against the judgment and award of he Motor Accidents Claims Tribunal, Thrissur in OP(MV) 1214/2000 dated September 27, 2003 awarding a compensation of Rs.29,898/- for the loss caused to the claimant on account of the injuries sustained by him in a motor accident. 2. On November 9, 1999 at about 9.30 p.m. while the claimant was travelling in an autorickshaw bearing Regn. No.KL-8/M 7297 driven by the 1st respondent along Amalanagar - Parappur public road, and reached at Chittilappilly, the autorickshaw capsized and the claimant sustained serious injuries. Claiming a compensation of Rs.1,55,000/- he filed the OP before the Tribunal under Sec.166 of the Motor Vehicles Act alleging negligence against the 1st respondent, driver of the offending autorickshaw. 3. Respondent No.1 was the owner-cum-driver of the offending autorickshaw and the 2nd respondent was the insurer of the same. Only the 2nd respondent/insurer contested the matter, but admitted M.A.C.A. 1176 of 2004 2 the policy. 4. The claimant was examined as PW.1 and Exts.A1 to A17 were marked on the side of the claimant before the Tribunal. On an appreciation of evidence the Tribunal awarded a compensation of Rs29,898/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.300/-. 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. 6. The claimant sustained the following injuries as revealed from Ext.A12, copy of the wound certificate, and Ext.A13 discharge summary, issued from the hospital: 1. lacerated wound above right eye-brow transverse 7 cm x 1 cm bone deep. 2. lacerated wound just below right lower eye-lid 3 x 1 cm with skin loss and exposing the bone. 3. abrasion right forehead. 4. abrasion dorsum of hand right side 5 x 5 cm. 5. abrasion over upper lip 3 x 2 cm. 6. injury over tragus of left ear 2 cm long with exposure of cartilage. 7. The claimant was an Upper Division Clerk in Judicial I Class Magistrate Court - II, Thrissur, earning a salary of Rs.4290/- with DA M.A.C.A. 1176 of 2004 3 Rs.1373/- and HRA Rs.180/- as revealed from Ext.A17 salary certificate. Taking into consideration all these aspects, the Tribunal awarded a total compensation of Rs.29,898/-. The break up of the compensation is as under: loss of leave - Rs.3398/- transportation - 350/- extra nourishment - 350/- damages to clothing - 300/- expenses for treatment and bystanders - 8000/- pain and suffering - 7500/- disability, loss of amenities and disfigurement - 10000/- Counsel for the claimant sought enhancement of the compensation on all heads. 8. No compensation was awarded by the Tribunal for the loss of amenities and enjoyment of life. Taking into consideration the fact that the claimant has sustained loss of hearing of his left ear and a facial scar just below the right eye as revealed from Ext.A14 series and Ext.A15 series, audiogram readings and the certificate issued by the doctor, we feel that a compensation of Rs.10,000/- would be reasonable for the loss of amenities and enjoyment of life. As there is a serious scar on the face, for the disfigurement caused, another compensation of Rs.10,000/- would be, in our view, reasonable. As M.A.C.A. 1176 of 2004 4 regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 9. Thus the claimant is entitled to an additional compensation of Rs.20,000/-. The Tribunal awarded interest only @ 6% per annum which is very low. He is entitled to interest @ 7.5% per annum for the compensation already awarded and for the enhanced compensation from the date of petition till realisation and proportionate cost. The 2nd 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 mt/-