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 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 MACA.No. 1010 of 2005() ---------------------------------- OPMV.1877/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S):PETITIONER: ----------------------------------------- MATHEW M.A., S/O. ALEXANDER, CHEMPARATHIMOOTTIL HOUSE, PARIYARAM KARA, PUTHUPPALLY VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): RESPONDENTS 1 TO 3: ----------------------------------------------------------- 1. PIOUS, AGED 36 YEARS, S/O. PAULOSE, THAZHAVARAYIL HOUSE, MUTTAMBALAM KARA, KOTTAYAM TALUK. 2. ZACHARIA @ SATTI, AGED 29 YEARS, MUNDACKAL THURUTHEL HOUSE, WARD NO.XII, PANACHIKADU VILLAGE, KOTTAYAM TALUK. 3. THE MANAGER, NATIONAL INSURANCE CO. LTD., KOTTAYAM. R3 BY ADV. SRI.LAL GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1010 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 10th day of December, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.1887/1996 on the file of the Motor Accidents Claims Tribunal, Kottayam. In this appeal he challenges the judgment and award of the Tribunal dated May 31, 2003 awarding a compensation of Rs.12,500/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The claimant sustained multiple abrasion and lacerated wound in the left leg and contusion on the wrist. The accident happened on January 15, 1996 while he was riding a motor cycle he was knocked down by another motor cycle bearing registration No.KL3 6044 driven by the 1st respondent. 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.1,77,500/-. MACA 1010/2005 2 3. Respondents 1 and 2 are owner and insurer of the offending motor cycle. They remained absent before the Tribunal. The 3rd respondent Insurance Company filed a written statement admitting the policy. 4. Exts.A1 to A8 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.12,500/- with interest @ 6% 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 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. MACA 1010/2005 3 7. The Tribunal awarded a total compensation of Rs.12,500/-. Break up of the compensation awarded is as under:- Pain and suffering : Rs. 7,000 Loss of earnings : Rs. 4,000 Treatment expenses : Rs. 1,000 Other incidental expenses : Rs. 500 ------------------ Total : Rs.12,500 ======= 8. The learned counsel for the appellant/claimant sought enhancement of compensation for pain and suffering endured and on other heads. The learned counsel for the appellant also pointed out that no compensation was awarded for the disability caused to the claimant. 9. The claimant sustained only minor injuries. No document is produced by him to show that he has suffered any disability due to the injuries sustained by him. Therefore, the Tribunal is perfectly justified in not awarding any compensation for the disability caused to him. Taking into consideration the nature of the injuries sustained by the claimant and period of treatment he has undergone, we feel that an additional compensation of Rs.15,000/- would MACA 1010/2005 4 be reasonable in this case. 10. In the result, the claimant is found entitled to an additional compensation of Rs.15,000/-. The Tribunal awarded interest only @ 6% per annum, which appears to be very low. 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 3rd respondent Insurance Company 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