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 9TH APRIL 2010 / 19TH CHAITHRA 1932 MACA.No. 1959 of 2008() ----------------------- OPMV.568/1996 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT/PETITIONER:- ------------------------------------ V.NARAYANAN, S/O LATE V. CHANDU CHETTIAR, SENIOR LECTURER IN MATHEMATICS, REGIONAL ENGINEERING COLLEGE, POST - CALICUT R.E.C. PIN 673 601. BY ADVS. SRI.T.R.RAVI, SRI.P.S.MURALI. RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. SRI. RAHMATHULLA P.K., S/O MOHAMMED, TATA OIL MILLS, LTD., BIG BAZAR, TRIKOVIL LANE, CALICUT P.O., WITH EFFECT FROM 18/11/1993. 2. SRI. RAHMATHULLA P.K., S/O MOHAMMED, TATA OIL MILLS CO. LTD., TRIKOVIL LANE, KOZHIKODE, DL NO. 4036/94 -D, VALID FROM 06/07/1994 TO 04/03/2005. 3. THE ORIENGAL INSURANCE CO.LTD., BRANCH OFFICE, KINGSWAY BUILDING, MAVOOR ROAD JN, CALICUT -1,PIN 673 001, POLICY NO. M C Y B/15717/95 FROM 20/12/1994 TO 19/12/1995. R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss A.K.BAHSEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 1959 of 2008 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 9th day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P. (MV) No.568 of 1996 of the II Addl. Motor Accidents Claims Tribunal, Kozhikode challenges the judgment and award of the Tribunal dated May 26, 2007 awarding a compensation of Rs.1,87,250/- 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 :- The claimant was a Senior Lecturer in Mathematics in Regional Engineering College, Kozhikode and was drawing a salary of Rs.31,347/- p.m., according to the claimant. On December 15, 1995 at 4.15 p.m. while the claimant was walking along the side of the road near Regional Engineering College, he was knocked down by a motor cycle bearing registration No. KL-11/B-6625, ridden MACA 1959/2008 2 by the second respondent. The claimant sustained serious injuries. According to the claimant, the accident occurred due to the rash and negligent driving of the offending motor cycle by the second respondent. First respondent as the owner, second respondent as the rider and third respondent as the insurer of the offending motor cycle are jointly and severally liable to pay compensation to the claimant. The claimant claimed a compensation of Rs.8 lakhs. 3. Respondents 1 and 2, the owner and driver of the offending motor cycle, is the same person. He filed a written statement, admitting the accident, but denying the liability. The third respondent, the insurer of the offending motor cycle, filed a written statement, admitting the policy. 4. PWs.1 and 2 were examined and Exts.A1 to A33 were marked on the side of the claimant before the Tribunal. The Tribunal, on an appreciation of evidence, awarded a compensation of Rs.1,87,250/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA 1959/2008 3 5. Heard the counsel for the appellant/claimant and the counsel for Insurance Company. 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.A2 copy of the wound certificate and C.T. scan :- 1) Lacerated injury on the right ear pinna 3 x 2 cm. 2) Laceration left forehead. 3) Depressed fracture bone with EDH left. Ext.A9 is the reference card issued from the hospital. He was admitted on 15-12-1995 and discharged on 18-12-1995. Neurosurgery consultation and excision of depressed fracture with evacuation of acute extra dural haematoma MACA 1959/2008 4 were done. Ext.A10 is the reference card wherein it is noted that the claimant was suffering post traumatic seizure. He used to get recurrent seizures even with anticonvulsant therapy and he requires prolonged treatment. As PW1, he testified before the Tribunal that he had sustained injuries on his head and had affected eye sight of the right eye. The Medical Board, on examination, found that he had lost his right eye and his right eye has become squinted and he has suffered disability of 50%. 8. The Tribunal awarded a total compensation of Rs.1,87,250/-. Break up of the compensation awarded is as under :- Transportation expense : Rs.1,000/- Medical expense : Rs.10,000/- Extra-nourishment : Rs.1,000/- Bystander's expenses : Rs.6,000/- (2 months @ Rs.3,000/- p.m.) Damage to clothing : Rs.750/- and articles. Pain and sufferings : Rs.20,000/- Loss of eye sight : Rs.1,00,000/- Loss of better prospects : Rs.20,000/- Temporary loss of earnings : Rs.28,500/- for a period of three months. -------------------- MACA 1959/2008 5 Total : Rs.1,87,250/- ======== 9. In December 2000 the claimant was drawing a salary of Rs.31,347/-, as evidenced from Ext.A8 salary certificate. He was aged about 42 at the time of the accident. Taking into consideration all these aspects, the Tribunal awarded a compensation of Rs.1 lakh for the disability caused, which appears to be reasonable. Taking into consideration the aspect that the claimant has lost his right eye and has suffered disfigurement, we feel that a further compensation of Rs.1 lakh would be reasonable for the loss of his right eye. 10. For the pain and suffering endured by the claimant, the Tribunal awarded a compensation of Rs.20,000/-, which is, in our view, is inadequate. Having regard to the nature of the injuries sustained, we feel that a compensation of Rs.40,000/- would be reasonable on this count. Thus, the claimant is entitled to an additional compensation of Rs.20,000/- for pain and suffering. MACA 1959/2008 6 11. For loss of better prospects in future, Rs.20,000/- was awarded by the Tribunal. The claimant has registered for Ph.D. in Calicut University, as evidenced by Exts.24 to 27 and he has passed the preliminary examination conducted by the University. PW2 doctor who issued the disability certificate stated that the petitioner will not be in a position to carry out the routine activities continuously. Therefore, for the loss of future prospects, we feel that a compensation of Rs.50,000/- would be reasonable. Thus, on this count, he is entitled to an additional compensation of Rs.30,000/-. Regarding compensation granted under other heads, we find the same to be just and proper and therefore, we are not disturbing the same. 12. In the result, the claimant is found entitled to an additional compensation of Rs.1,50,000/- . He is entitled to interest @ 9% per annum from the date of petition till realization and proportionate cost. The third respondent, being the insurer of the offending motor cycle, shall deposit the amount before the Tribunal within two months from the MACA 1959/2008 7 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.