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 19TH MAY 2010 / 29TH VAISAKHA 1932 MACA.No. 663 of 2003() --------------------------------- OPMV.1599/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER. ------------------------ ZAMEENA, D/O.ABDUL RAHIMAN, KATTAKATH HOUSE, SANTHIPURAM. BY ADV. SRI.S.SHYAM SRI.N.K.KARNIS SRI.BOBBY MATHEW KOOTHATTUKULAM SRI.LATHEESH SEBASTIAN RESPONDENT(S): RESPONDENT. -------------------------- 1. A.B.MOHANLAL, AVINIPPULLY HOUSE, SANTHIPURAM PO, KODUNGALLUR. 2. VINOD, S/O.KONNAMKUNJU, AVINIPPULLY HOUSE, PUTHANPANAPARAMBU DESOM, SREENARAYANAPURAM DESOM VILLAGE, SANTHIPURAM PO, KODUNGALLUR. 3. THE UNITED INDIA INSURANCE CO.LTD., IRINJALAKUDA BRANCH. ADV. SRI.SIBY MATHEW FOR R3 SRI.PHILIP J.VETTICKATTU FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 663 of 2003 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 19th day of May, 2010 JUDGMENT Barkath Ali, J: In this appeal under section 173 of the Motor Vehicles Act claimant in O.P.(MV) No.1599 of 1994 of the Motor Accidents Claims Tribunal, Irinjalakuda challenges the judgment and award of the Tribunal dated December 11, 2002 awarding a compensation of Rs.60,000/- for the loss caused to the claimant, on account of the injury sustained by her in a motor accident. 2. The facts leading to this appeal, in brief, are these:- The claimant is a girl, aged 18 at the time of the accident and used to earn Rs.1,500/- per month by conducting tuition, according to her. On April 26, 1994 at about 2.15 p.m. while the claimant was walking along the eastern side of the National Highway 17 from north to MACA 663/2003 2 south at Santhipuram, she was knocked down by a motor cycle bearing registration No.KL-8/B 6021, ridden by the second respondent. The claimant sustained very serious injuries. According to her, the accident occurred due to the rash and negligent riding of the offending motor cycle by the second respondent. The first respondent as the owner, the second respondent as the rider and third respondent as the insurer of the offending motor cycle are jointly and severely liable to pay the compensation to the claimant. The claimant claimed compensation of Rs.3,37,800/-. 3. Respondents 1 and 2, owner and rider of the offending motor cycle, remained absent and were set ex parte by the Tribunal. The third respondent, insurer of the offending motor cycle, filed a written statement, admitting the policy. 4. PWs.1 and 2 were examined and Exts. A1 to A8 were marked on the side of the claimant. No evidence was adduced by the contesting third respondent. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs.60,00/- with interest at the rate of 9% p.a. from the date of MACA 663/2003 3 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 appellant/claimant and learned counsel for the third respondent/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 first 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 sub trochanteric fracture of right femur. She was treated by open reduction and internal fixation. Bone grafting was done. Ext.A6 is the certificate of disability issued by PW2, the doctor. He stated that she is limping and has difficulty for walking. Percentage of disability was assessed as 15%. 8. The Tribunal awarded a total compensation of MACA 663/2003 4 Rs.60,000/-. Break up of the compensation awarded is as under:- Transport to hospital : Rs. 1,500/- Medical expenses : Rs.27,000/- By-stander’s expenses : Rs. 1,500/- Pain and suffering : Rs. 5,000/- Loss of amenities : Rs. 2,000/- and enjoyment of life. Disability caused : Rs.23,040/- ------------------ Total : Rs.60,040/- Rounded to : Rs.60,000/- ======= 9. The learned counsel for the appellant has mainly sought enhancement of compensation awarded under disability caused, for pain and suffering and for loss of amenities and enjoyment in life. The Tribunal took monthly income of the claimant as Rs.1,500/-, adopted a multiplier of 16 and awarded a compensation of Rs.23,040/- for the disability caused. As the claimant is a woman aged 46 at the time of the accident, we feel that the compensation awarded under this count is reasonable. For pain and suffering endured, the Tribunal awarded a compensation of Rs.5,000/- and for loss of amenities and enjoyment in life, Rs.2,000/-. Taking into consideration the MACA 663/2003 5 nature of the injuries sustained, we feel that a compensation of Rs.15,000/- for pain and suffering and Rs.10,000/- for loss of 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. 10. In the result, the claimant is entitled to an additional compensation of Rs.18,000/-. She is entitled to interest @ 9% from the date of petition till realization. The third respondent, being the insurer of the offending motor cycle, 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 MACA 663/2003 6