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 9TH FEBRUARY 2011 / 20TH MAGHA 1932 MACA.No. 90 of 2011() --------------------- OPMV.1987/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/ PETITIONER ------------------------ DHANYA SURESH(MINOR)VATTAKAPARA, POOTHAKUZHY, KANJIRAPPALLY,REP.BY MOTHER SHEEJA SURESH OF DO AS NEXT FRIEND. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS KACHIRAMATTOM RESPONDENTS/RESPONDENTS --------------- 1. MIACHEL SEBASTIAN, CHERADIL, PAZHAYIDAM PO, KARICKATTOOR, KANJIRAPPALLY 686 521. 2. SEBASTIAN JAMES, FORMERLY R/AT PAYYANICKAL HOUSE, MARUTHUMMODU, MUNDAKAYAM EAST AND AT PRESENT RESIDING PAYYANICKAL HOUSE, MANARCADU, PO KOTTAYAM 686 001. 3. ORIENTAL INSURANCE CO.LTD., KOTTAYAM DIVISION, REP.BY DIVISIONAL MANAGER, PO KOTTAYAM 686 001. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.90 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1987/2006 on the file of Motor Accidents Claims Tribunal, Kottayam. In this appeal, she challenges the judgment and award of the Tribunal dated May 28,2010 awarding a compensation of Rs.12,234/- for the loss caused to her on account of the injuries sustained by her in a motor accident. She sustained the following injuries in that accident that occurred on September 3, 2006 at about 4.45.p.m. : 1. Abrasion on dorsum of foot. 2. Swelling right ankle. 3. Splinter fracture of distal end of right tibia. 2. The accident happened while the claimant was walking along NH 220 at Poothakuzhu, she was knocked down by a Maruthi car bearing Reg.No.KL 34/270 driven by the second respondent. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming MACA.No.90/2011 2 a compensation of Rs. 1,53,250/-. 3. Respondent No.2, the driver of the offending car remained absent before the Tribunal. Respondent No.1, the owner of the offending car though entered appearance before the Tribunal, did not file any written statement. The third respondent, the insurer of the offending car filed a written statement admitting the policy. 4. Exts.A1 to A7 were marked on the side of the claimant before the Tribunal. Exts.B1 and B2 were marked on the side of 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 car by second respondent and awarded a compensation of Rs. 12,234/- with interest @ 7% per annum from the date of petition till realisation and a cost of Rs.300/-. 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 MACA.No.90/2011 3 that the accident occurred due to the negligence on the part of the second 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 Tribunal awarded a total compensation of Rs.12,234/-. The break up of the compensation amount awarded is as under: Transport to hospital - Rs. 500/- Extra nourishment - Rs. 500/- Damage to clothing - Rs. 500/- Bystander expenses - Rs. 700/- Medical expenses - Rs.2,034/- Pain and suffering - Rs.8,000/- 8. Counsel for the claimant pointed out that no compensation was awarded for the disability caused and for loss of amenities and enjoyment in life. 9. Ext.A5 certificate of disability shows that claimant has suffered a disability of 4%. Therefore, we are of the view that claimant is entitled to compensation for the disability caused and for loss of amenities and enjoyment in life. Taking into consideration the nature of the injury sustained by the claimant and the period of treatment MACA.No.90/2011 4 undergone by her, we feel that a compensation of Rs. 15,000/- would be reasonable for the disability caused and for loss of amenities and enjoyment in life. 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 found entitled to an additional compensation of Rs. 15,000/-. She is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. The third 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. Third respondent is entitled to recover the said amount from respondents 1 and 2. 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.90/2011 5 MACA.No.90/2011 6