IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 MACA.No. 3227 of 2009() -------------------------------- OPMV.1006/2005 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................................................... APPELLANT: ORIGINAL PETITIONER -------------------------------------------------------- L.SURESH KUMAR, S/O.LAKSHMANAN NAIR, AGED 50 YEARS, 'SURYAKIRAN', P.O.ANAYARA, THIRUVANANTHAPURAM. BY ADV. SRI.K.K.APPU SRI.T.M.JOSEPH SHYLAN RESPONDENTS: RESPONDENTS ----------------------------------------------- 1.RANJITH.V.K, VALOOR HOUSE, P.O.RAMAMANGALAM, MUVATTUPUZHA, ERNAKULAM. 2.MANAGER, M/S. G.M.A.C 20TH CENTURY FINANCE CORPORATION, SHIPYARD MIDDLE GATE, M.G.ROAD, KOCHI-15. 3.UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, M.G.ROAD, KOCHI-16. ADV. SRI. MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------------ M.A.C.A NO. 3227 OF 2009 -------------------------------------- DATED THIS THE 17TH 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. 1006/2005 on the file of Motor Accidents Claims Tribunal, Ernakulam challenges the judgment and award of the Tribunal dated April 8, 2009 awarding a compensation of Rs. 33,200/- for the loss caused to the claimant on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal in brief are these: The claimant was aged 50 at the time of the accident and was employed as Regional Manager in M/s. Citadel Arobindo Biotech Limited, Chennai earning Rs. 27,250/- per month. On October 27, 2004 at about 3.45 p.m. the claimant was pillion riding on the motor cycle bearing registration No. KL-7/A.M.2896 which was ridden by one Mr. M.V. Sree Raj, claimant in another O.P(MV) No. 900/2005. At that time another motor cycle bearing M.A.C.A NO. 3227 OF 2009 2 registration No. KL-7/Y.2940 ridden by the 1st respondent came at a high speed and dashed against the motor cycle of the claimant. The accident occurred due to rash and negligent riding of the motor cycle by the 1st respondent. The claimant sustained serious injuries. The 1st respondent as the rider, 2nd respondent as the owner and the 3rd respondent as the insurer of the offending motor cycle are jointly and severally liable to pay compensation to the claimant. The claimant claimed a total compensation of Rs.1,50,000/-. 3. Respondents 1 and 2, rider and owner of the offending vehicle remained absent and were set- exparte by the Tribunal. The 3rd respondent, insurer of the offending vehicle, filed a written statement admitting the policy, but contending that the accident was occurred due to the negligence on the part of the rider of the other motor cycle. 4. The rider of the motor cycle in which claimant was pillion riding filed O.P. No. 900/2005 which was jointly tried M.A.C.A NO. 3227 OF 2009 3 along with this O.P. On the side of the claimant Exts. A1 to A20 were marked. No evidence was adduced by the contesting 3rd respondent. The Tribunal, on an appreciation of evidence, awarded a compensation of Rs. 33,200/-. 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 accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 1st respondent, the rider of the motor cycle bearing registration No. KL-7/Y 2940 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 Tribunal awarded a total compensation of Rs. 33,200/-. The break up of the amount awarded is as under: M.A.C.A NO. 3227 OF 2009 4 Transportation, hospitalization, ) attendant expenses, Extra nourishment)Rs. 1,500 & damage to clothings. ) Medical expenses Rs. 8,700 Loss of earnings Rs. 5,000 Pain and suffering Rs. 2,000 Discomforts & inconveniences Rs. 6,000 ------------- Total Rs. 33,200/ ======== 8. On going through the copies of Ext. A4, the wound certificate, and Ext. A13, discharge certificate which were made available for perusal, it is seen that the claimant has sustained fracture head of left radius. There was restriction of finger movements also. 9. The counsel for the claimant/appellant argued that the claimant was drawing a monthly salary of Rs. 27,500/- per month as seen from the salary slip issued from his company, copy of which is made available of our perusal and that therefore, for the loss of earnings, one month salary should have been awarded by M.A.C.A NO. 3227 OF 2009 5 the Tribunal, but the Tribunal took the monthly salary of the claimant as Rs. 5,000/- which appears to be not correct. From the copy of salary slip, it is seen that the salary of the claimant is Rs. 27,250/-. Therefore for the loss of earnings, claimant is entitled to Rs. 27,250/- being the salary for one month. Thus on this count, the claimant is entitled to an additional compensation of Rs. 22,250/- 10. Towards transportation, hospitalization, attendant expenses, extra nourishment and damage to clothings Rs. 1500/- was awarded by the Tribunal, which appears to be very low. Taking into consideration of the nature of the injuries sustained, we feel that a compensation of Rs. 3,000/- would be reasonable on this count. Thus on this head, the claimant is entitled to an additional compensation of Rs. 1,500/-. As regards compensation awarded under other heads, we find the same to be reasonable. Therefore, we are not disturbing the same. M.A.C.A NO. 3227 OF 2009 6 11. In the result, claimant is entitled to an additional compensation of Rs. 23,750/- . He is entitled to interest @ 9% per annum from the date of petition till realization and proportionate cost. The 3rd 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 pkk