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 23RD MARCH 2010 / 2ND CHAITHRA 1932 MACA.No. 1359 of 2005() ----------------------- OPMV.132/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): PETITIONER IN OP(MV) NO.132/98: --------------------------------------------------------------------------- BIJU SUKUMARAN, S/O.SUKUMARAN, VANCHIPURACKAL, MANJOOR, KOTTAYAM. BY ADVS. SRI.N.RAGHURAJ, SMT.K.AMMINIKUTTY. RESPONDENT(S): RESPONDENTS IN OP(MV) NO.132/98: ------------------------------------------------------------------------------------ 1. P.V.THILAKARAJAN, CHEMMANAPARAMBIL, EDAPPADY, PALA, KOTTAYAM DISTRICT. 2. MANUAL MATHEW, S/O.P.M.MATHEW, VELAYAMTHOTTIYIL HOUSE, MARANGATTUPALLY, PALA. 3. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., COLLECTORATE P.O., KOTTAYAM. R3 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE, BY ADV.SRI.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1359 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 23rd day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under section 173 of the Motor Vehicles Act claimant in O.P.(MV) No.132 of 1998 of the Motor Accidents Claims Tribunal, Kottayam challenges the judgment and the award of the Tribunal dated April 21, 2003, awarding a compensation of Rs.36,000/- for the loss caused to the claimant, on account of the injury sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these:- The claimant was aged 29 at the time of the accident and was the proprietor of some business establishment, according to him. On August 19, 1997 at 5.4.5 p.m. while the claimant was traveling in a car bearing registration No. KRY 2000, a bus bearing registration KEO 1024, driven by the first respondent, came at a high speed from the opposite side and dashed against the car. The claimant sustained MACA 1359/05 2 serious injuries. According to the claimant, the accident occurred due to a rash and negligent driving of the offending bus by the first respondent. The first respondent as the driver, the second respondent as the owner and third respondent as the insurer of the offending bus are jointly and severely liable to pay the compensation to the claimant. The claimant claimed a compensation of Rs.3,12,000/- 3. Respondents 1 and 2, driver and owner of the offending bus remained absent and were set ex parte by the Tribunal. The third respondent, insurer of the offending bus, filed a written statement, admitting the policy. 4. Exts. A1 to A 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 the evidence, awarded a compensation of Rs.36,000/- with interest at the rate of 9% p.a. from the date of 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 and MACA 1359/05 3 learned counsel for the third respondent. 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 seriously challenged in this appeal. Therefore, the only question for consideration is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs. 36,000/-. Break up of the compensation awarded is as under:- Loss of earning : Rs.4,500/- Treatment expenses : Rs.3,000/- By-stander’s expenses : Rs1,000/- Transport to hospital : Rs.500/- Pain and suffering : Rs.12,000/- Disability caused : Rs.10,000/- Disfigurement : Rs.5,000/- ------------------ Total : Rs.36,000/- ======= 8. Ext. A2 copy of the wound certificate shows that the claimant has suffered lacerated wound bone deep in the frontal region. In Ext.A3 discharge card it is noted that there was extra dural haematoma, mild diffuse brain oedema and MACA 1359/05 4 fracture of zygoma. Copy of Ext.A4 medical certificate was made available to us for our perusal, which shows that the claimant has a problem of recurrent head ache, forgetfulness and episodes of abnormal behaviour like temper loss irritability and over talkativeness which can be due to the injuries sustained in the accident. A photograph of the appellant was also made available to us for our perusal, which shows that the claimant has some disfigurement on his face. Copy of Ext.A5 C.T. report, which was made available to us, shows that the claimant requires Rs.50,000/- for future treatment expenses. 9. The learned counsel for the appellant has mainly sought enhancement of compensation awarded under disability caused and future treatment expenses. The Tribunal awarded Rs.5,000/- for the disfigurement caused and for Rs.10,000/- for disability caused. The claimant did not produce before the Tribunal any certificate of disability. Therefore, we feel that for disfigurement and future treatment expenses an additional compensation of Rs.30,000/- would be reasonable. MACA 1359/05 5 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.30,000/-. He is entitled to interest @ 9% from the date of petition till realization and proportionate cost. The third respondent being the insurer of the offending bus 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 as above. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn