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 3RD JUNE 2011 / 13TH JYAISHTA 1933 MACA.No. 1065 of 2010() ----------------------- OPMV.511/2004 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): PETITIONER: ------------------------------------------- NISHA, W/O. JAIMON, PULIKATTIL HOUSE, WARD NO.9, MANNANCHERRY PANCHAYATH, ALAPPUZHA DIST. BY ADV. SRI.GEORGE KURUVILLA(ALAPPUZHA) RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. CLEETUS.K.LOUIS, WORK ASSISTANCE KAMCO, ATHANI PO, ALUVA. 2. THE ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE, MARTHOMA BLDG,THIRUVALLA, REPRESENTED BY ITS BRANCH MANAGER. R2 BY ADV. SRI.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1065 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 3rd day of June, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.511 of 2004 on the file of the Motor Accidents Claims Tribunal, Alappuzha. In this appeal she challenges the judgment and award of the Tribunal dated October 29, 2009 awarding a compensation of ` 47,669/- for the loss caused to her on account of the injuries sustained by her in a motor accident. 2. The accident happened on February 2, 2004 at 2.30 p.m. at West Pooppally Junction. Claimant fell down from a motor cycle bearing registration No.KL-7/AG 7289, while she was pillion riding on the same and sustained serious injuries. Alleging negligence against the first respondent, the rider of the motor cycle, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of ` 2,28,000/-. MACA 1065/2010 2 3. The first respondent, the owner of the offending motor cycle, remained absent and he was set ex parte by the Tribunal. The second respondent, the insurer of the offending motor cycle, filed a written statement admitting the policy, but contended that the risk of the pillion rider was not covered under the policy issued in respect of the offending vehicle. 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 rider of the motor cycle and that the policy was a package policy and that the pillion rider was also covered under the policy. The Tribunal awarded a compensation of ` 47,669/- 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. 4. Heard the counsel for the claimant and the counsel for the Insurance Company. 5. The accident is not disputed. The finding of the MACA 1065/2010 3 Tribunal that the accident occurred due to the negligence of the rider of the motor cycle 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. 6. The Tribunal awarded a total compensation of ` 47,669/-. Break up of the compensation awarded is as under:- Transport to hospital : ` 750 Damage to clothing : ` Bystander's expenses : ` 2,700 Extra nourishment : ` 2,700 Pain and suffering : ` 10,000 Loss of amenities : ` 5,000 Medical expenses : ` 26,519 ------------------ Total : ` 47,669 ======= 7. The counsel for the claimant points out that no compensation was awarded for the disability caused to the claimant. He also sought enhancement of compensation awarded by the Tribunal on other heads. 8. The claimant is a lady aged 30 working as a Lab MACA 1065/2010 4 Assistant. She sustained the following injuries in the accident:- 1) Fracture of temporal bone post traumatic (L) side. 2) Fracture of 3rd, 4th and 5th rib of right side. 3) Fracture of right scapula. 4) Contusion on the left temporal lobe with mass – effect. Nature of the injuries sustained by her shows that she must have suffered some serious disability. Taking into account the nature of the injuries sustained, the age of the claimant and her occupation, we feel that a compensation of ` 30,000/- would be reasonable for the disability caused. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 9. In the result, the claimant is found entitled to an additional compensation of ` 30,000/-. The Tribunal awarded interest only @ 6% per annum, which appears to be very low. She is entitled to interest @ 7.5% per annum for the compensation already awarded and also for the MACA 1065/2010 5 enhanced compensation from the date of petition till realization. The second respondent being the insurer of the offending vehicle 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