IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 MACA.No. 284 of 2005() ---------------------- OPMV.784/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- GOPI, S/O. ANTONY, ANAPPARAYIL HOUSE, KEERITHODU KARA, KANJIKUZHI VILLAGE. BY ADV. SRI.JOICE GEORGE RESPONDENT(S): RESPONDENTS: --------------------------- 1. SHOYCHAN, PUTHENPURACKAL HOUSE, KEERITHODU, IDUKKI DIST. 2. JOBY T.A., S/O. ABRAHAM, THOTTANANIYIL HOUSE, KEERITHODU KARA, KANJIKUZHI VILLAGE. 3. THE NEW INDIA ASSURANCE CO. LTD., KATTAPPANA. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.284 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of August, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.784/2003 on the file of Motor Accidents Claims Tribunal, Thodupuzha. He sustained the following injuries in a motor accident that occurred on December 5, 2002 at about 7.45 p.m. at Churuli : Fracture of spine ( tear drop) and lacerated wound scalp posterior aspect. 2. The accident happened while the claimant was travelling in a jeep bearing Reg.No.KRT 5384, it capsized due to the negligence of the second respondent, the driver of the jeep. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs.3,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending jeep remained absent before the Tribunal. The third respondent, the insurer of the offending jeep filed a written statement MACA.No.284/2005 2 admitting the policy and further contended that the offending jeep was insured with the third respondent as a private vehicle,but it was used as a taxi at the time of the incident. 4. This O.P. was jointly tried along with other O.Ps. filed by the other injured persons and a common award was passed. Exts.A1 to A14 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending jeep by second respondent and awarded a compensation of Rs. 23,355/- with interest @ 6% per annum from the date of petition till realisation and proportionate cost. 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 second respondent is not challenged in this appeal. Therefore, the only MACA.No.284/2005 3 question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The break up of the compensation awarded is as under : Transportation - Rs. 2,000/- Damage to clothing - Rs. 250/- Extra nourishment - Rs. 750/- Bystander expenses - Rs. 1,000/- Medical bills - Rs. 1,352/- Pain and suffering and loss of enjoyment in life - Rs.12,000/- Loss of earnings - Rs. 6,000/- 8. Counsel for the claimant sought enhancement of compensation for the pain and suffering endured and for loss of amenities and enjoyment in life. 9. The Tribunal awarded Rs. 12,000/- for pain and suffering and loss of enjoyment in life. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 20,000/- for pain and suffering endured and Rs.10,000/- for loss of amenities and enjoyment in life would be reasonable. 10. The Tribunal awarded Rs. 6,000/- towards loss of earnings for three months @ Rs. 2,000/- per month. The claimant was a timber MACA.No.284/2005 4 worker and used to earn Rs. 5,000/- per month, according to him. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 2,500/-. Therefore, the claimant is entitled to a compensation of Rs. 7,500/- towards loss of earnings for three months @ Rs. 2,500/- per month. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 11. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum which appears to be very low. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. 12. In the result, the claimant is entitled to an additional compensation of Rs. 19,500/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation and proportionate cost. The third respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within MACA.No.284/2005 5 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 sv. MACA.No.284/2005 6