IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 M.A.C.A.No. 2477 of 2009() --------------------------------- OPMV.1252/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER ------------------------ JOY, S/O.JOSE, MAREPARAMBATH HOUSE, PALLIKKUNNU, THEKKEBHAGAM, MARIYAMALA CHAPEL, VARANDARAPPILLY VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT(S): ----------------------- 1. AUGUSTHY, S/O.OUSEPH, KAIPRAMBADAN HOUSE, MOOKANNUR VILLAGE, DESOM, ANGAMALY, ERNAKULAM DISTRICT. 2. THE MANAGER, ORIENTAL INSURANCE CO. LTD. KALOOR BRANCH, ERNAKULAM. ADV. SRI.M.JACOB MURICKAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: pkk A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------- M.A.C.A NO. 2477 OF 2009 --------------------------- DATED THIS THE 10TH DAY OF AUGUST, 2010 J U D G M E N T _ _ _ _ _ _ _ _ Barkath Ali, J. The appellant is the claimant in OP (MV) No.1252/2004 on the file of Motor Accidents Claims Tribunal, Irinjalakuda. He sustained a head injury involving extradural hemorrhage in a motor accident that occurred on February 3, 2004 at Karayamparambu. 2. The accident happened while the claimant was pillion riding on a motor cycle bearing registration No. KL8/U 2804 collided head on with a tipper lorry bearing registration No. KL7/AP 9866 owned and driven by the first respondent. Alleging negligence against first respondent, the claimant filed O.P u/S. 166 of the Motor Vehicles Act before the Motor Accidents Claims Tribunal, Irinjalakuda claiming compensation from the respondents. M.A.C.A NO. 2477 OF 2009 2 3. The first respondent, the owner-cum- driver of the offending tipper lorry remained absent and was set ex-parte by the Tribunal. The 2nd respondent, insurer of the offending tipper lorry filed a written statement admitting the policy and further contended that there was also negligence on the part of rider of the motor cycle. 4. This O.P was jointly tried along with another O.P filed by the rider of the motor cycle and a common award was passed. On the side of claimant Ext.A1 to A10 and Ext.A11 to A15 were marked. On the side of contesting 2nd respondent, Ext.B1 was marked before the Tribunal. On an appreciation of evidence, the Tribunal found that the accident was occurred due to the negligence on the part of first respondent, the owner-cum-driver of the offending tipper lorry and awarded a compensation of Rs. 83,700/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellant and counsel for the 2nd respondent. M.A.C.A NO. 2477 OF 2009 3 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of first respondent, the owner-cum-driver of the offending tipper lorry 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. 83,700/-. The break up of the compensation awarded is as under: for Medical expenses : Rs. 58,500 for Treatment expenses : Rs. 2,200 for Transportation : Rs. 1,000 for Loss of income : Rs. 5,000 (Rs.2000 per month for 2 ½ months) for Pain and suffering : Rs. 12,000 for Discomfort and loss : Rs. 5,000 of amenities --------- Total : Rs. 83,700 ========= 8. The counsel for the claimant sought enhancement of the compensation for loss of amenities and enjoyment of life and for pain and M.A.C.A NO. 2477 OF 2009 4 suffering endured. The Tribunal awarded Rs. 5,000/- for loss of amenities and enjoyment of life which appears to be very low. Taking into account of nature of injuries sustained, we feel that a compensation of Rs. 10,000/- would be reasonable on this count. Thus, on this count, the claimant is entitled to an additional compensation of Rs. 5,000/-. 9. The Tribunal awarded Rs. 12,000/- for pain and suffering endured by the claimant which appears to be inadequate. Taking into consideration of nature of injuries sustained, we feel that a compensation of Rs.20,000/-would be reasonable on this count. Thus, on this count, the claimant is entitled to an additional compensation of Rs.8000/-. 10. The Tribunal took the monthly income of the claimant as Rs. 2000/- per month for 2 ½ months and awarded a compensation of Rs. 5,000/- towards loss of earnings. As the claimant is aged 28 at the time of accident, we feel that his monthly income can be reasonably fixed at Rs. M.A.C.A NO. 2477 OF 2009 5 2,500/-per month. Thus, on this count, the claimant is entitled to a compensation of Rs. 6,250/-. Thus, the claimant is entitled to an additional compensation of Rs. 1,250/- on this count. 11. The counsel argued that no compensation was awarded for disability caused. But no document was produced by the claimant to show that he suffered any disability on account of the injuries he sustained. Therefore the Tribunal is perfectly justified in not awarding compensation for disability caused to the claimant. 12. As regards, the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 13. Thus, the claimant is entitled to an additional compensation of Rs. 14,250/-. He is entitled to interest at the rate of 7% per annum from the date of petition till realization and proportionate cost. The 2nd respondent, being the insurer of the offending tipper lorry, shall deposit the amount within two months from the date M.A.C.A NO. 2477 OF 2009 6 of receipt of a copy of this judgment before the Tribunal. 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