IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 MACA.No. 438 of 2004() --------------------------------- OPMV.427/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): /PETITIONER -------------------------------------------- HARI, S/O. AYYAPPAN, ARUKANDATHIL HOUSE, KIDANGOOR, ANGAMALY. BY ADV. SRI.JOSE THETTAYIL RESPONDENT(S): RESPONDENTS. --------------------------------------------------- 1. C.H. RASHEEDA, W/O. SIDDIQUE, AYYARIL HOUSE, DESOM P.O., ALWAYE. 2. SIDDIQUE, S/O. AIDHU MUHAMMED, AYYARIL HOUSE, DESOM P.O., ALWAYE. 3. THE ORIENTAL INSURANCE CO. LTD., KALLOOKARAN SHOPPING COMPLEX, 1ST FLOOR, ANGAMALY. R1 & R2 BY ADVS. SRI.KKM.SHERIF, SRI.P.M.KUNJIMOIDEENKUTTY, SRI.LAL K.JOSEPH, SRI.A.A.ZIYAD RAHMAN, SRI.M.JACOB MURICKAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q.BARKATH ALI, JJ. --------------------------------------------- M.A.C.A.No. 438 OF 2004 --------------------------------------------- Dated this the 31st day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.427/1998 on the file of Motor Accidents Claims Tribunal, Perumbavoor. In this appeal the claimant challenges the judgment and award of the Tribunal dated August 30, 2003 awarding a compensation of Rs.77,130/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on January 6, 1998 about 7 p.m. at Kadumthuruth on Ernakulam-Alappuzha National High way. While the claimant was traveling in a Tempo Trax bearing registration No.KRM-6249, due to negligence on the part of the driver, the 2nd respondent vehicle capsized. He sustained the following injuries. (i) Abrased contusion of 10 cm. x 6 cm on middle of right thigh. (ii) Abrasion of 4 cm. x 3 cm. over the left wrist. (iii) Comminuted fracture right femur. 3. Alleging negligence against the 2nd respondent, the claimant filed the O.P. before the Tribunal under Section MACA No.438/2004 -2- 166 of Motor Vehicles Act claiming a compensation of Rs. 1,85,024/-. 4. Respondents 1 and 2, the owner and driver of the offending Tempo Trax remained absent before the Tribunal. 3rd Respondent, the insurer of the vehicle filed a written statement admitting the policy of the vehicle. 5. This O.P. was jointly tried along with other O.Ps. filed by other injured persons in the accident and a common award was passed by the Tribunal. 6. Exhibits.A1 to A22 were marked on the side of the claimants before the Tribunal. Ext. B1 was marked on the side of the contesting 3rd respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the rash and negligent driving of the 2nd respondent and awarded a compensation of Rs. 77,130/- with interest at 9% per annum from the date of petition till realisation and proportionate costs. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA No.438/2004 -3- 7. Heard the counsel for the appellant and the counsel for the Insurance Company. 8. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 2nd 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. 9. The Tribunal awarded a total compensation of Rs.77,130/-. The break up of the compensation amount awarded is as under: Pain and suffering - Rs.20,000/- Loss of earning and loss of leave - Rs.17,500/- Expenses for transportation - Rs. 1,000/- Damage to clothings - Rs. 300/- Medical expenses - Rs.16,750/- Extra nourishment and Bystander expense - Rs. 1,500/- Loss of earning power - Rs.10,080/- Loss of amenities - Rs.10,000/- ----------------- Total Rs.77,130/- ======= 10. Counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. MACA No.438/2004 -4- 11. Taking into consideration the nature of the injuries caused to the claimant and the treatment undergone by him we feel that an additional compensation of Rs.10,000 for loss amenities and enjoyment in life would be reasonable. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. In the result, the claimant is found entitled to an additional compensation of Rs.10,000/- with interest @ 9% per annum from the date of petition till realisation and proportionate costs. 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. Sd/- A.K.BASHEER, JUDGE Sd/- P.Q.BARKATH ALI, JUDGE AMG True copy P.A. to Judge