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 22ND MARCH 2010 / 1ST CHAITHRA 1932 MACA.No. 1280 of 2005() ---------------------------------- OPMV.770/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- SUSHAMA, D/O.SUBRAMANYAN, PADINJAREPURACKAL HOUSE, OLLUR, THRISSUR DIST. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): -------------------------- 1. A.M.UNNIKRISHNAN, S/O.MANIKUTTY, PANGIL HOUSE, ERNALLUR, KECHERY. 2. P.B.GIRISH, PANGIL HOUSE, PUTHUR, P.O.KAIPARAMBU. 3. ORIENTAL INSURANCE COMPANY LTD., BRANCH NO.2, KPN SHOPPING COMPLEX, OPP: THIRUVAMBADY TEMPLE, SHORNUR ROAD, THRISSUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BAHSEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 1280 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 22nd day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV) No.770 of 2001 of Motor Accidents Claims Tribunal, Thrissur challenges the award of the Tribunal dated February 26, 2005, awarding a compensation of Rs.89,800/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these :- The claimant is a girl aged 18 and used to earn Rs.3,500/- per month as a “coolie”, according to her. On December 22, 2000 at about 12.15 p.m. the claimant was MACA 1280/2005 2 walking along the side of the road near Holyfamily Hospital, Ollur along with her father. At that time a tempo van bearing registration No.KL-8 K 2840,driven by the first respondent, came at a high speed and knocked her down. The claimant sustained very serious injuries. According to the claimant, the accident occurred due to the rash and negligent driving of the offending tempo van by the first respondent. First respondent as the driver, second respondent as the owner and third respondent as the insurer of the offending tempo van are jointly and severally liable to pay compensation to the claimant. 3. Respondents 1 and 2, the driver and the owner of the offending temp van remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending car filed a written statement admitting the policy . 4. This Original Petition was tried along with O.P.(MV) No.856 of 2001, which was the claim filed for the death of the father of the claimant, as both the claims arise out of MACA 1280/2005 3 the same incident. 5. The claimant was examined as PW1 and Exts.A1 to A18 were marked on the side of the claimant before the Tribunal. Copy of the policy was marked as Ext.B1 on the side of the contesting third respondent. The Tribunal, on an appreciation of evidence, awarded a compensation of Rs. 89,800/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 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 the following injuries, as revealed from Ext.A9, copy of the wound certificate, Ext.A10 discharge certificate issued from Elite Hospital, Thrissur, Ext.A11 operation card and Ext.A12 discharge MACA 1280/2005 4 card:- 1) Lacerated wound over face and scalp. 2) Fracture neck of humerus right. 3) Fracture clavicle right. 4) Broken teeth upper jaw and head injury. Ext.A13 is the disability certificate issued by Dr.T.G.Gopinathan, Orthopaedic Surgeon, Aswini Hospital wherein it is stated that the claimant had suffered permanent disability of 18%. Ext.A15 is another disability certificate issued by the doctor of Elite Mission Hospital, showing that she has suffered 5% permanent disability, due to head injury. Ext.A16 is the copy of certificate from Athira College, Thrissur, which would show that the petitioner discontinued her studies from December 12, 2000. Ext.A17 C.T. Scan report shows that there is defuse cerebral oedoema. The claimant as PW1 testified before the Tribunal that she has difficult to raise her hand and to take weight and that there is headache and difficulty in taking food. 8. Taking into consideration all these aspects, the MACA 1280/2005 5 Tribunal awarded a total compensation of Rs.89,800/-. The break up of the compensation awarded is as under:- Loss of earning : Rs.3,000/- Medical expenses : Rs.36,000/- Pain and sufferings : Rs.18,000/-. Loss of amenities and : Rs.10,000/- enjoyment in life. Disability caused : Rs.28,800/- -------------------- Total : Rs.95,800/- ======== The Tribunal awarded interest at the rate of 6% per annum from the date of petition till realization and cost of Rs.2,300/-. 9. The learned counsel for appellant sought enhancement of compensation towards the disability caused, pain and suffering endured and for the loss of amenities and enjoyment in life. He has also pointed out that no compensation was awarded for the disfigurement caused. 10. The injured was aged only 18 at the time of the accident. Therefore, the Tribunal took her monthly income as Rs.1,500/- and adopted multiplier of 16 and assessed MACA 1280/2005 6 disability at 10% and awarded a compensation of Rs.89,800/- for the disability caused. Taking into consideration the fact that no document is produced to prove the income of the claimant, we feel that the compensation awarded by the Tribunal for the disability caused is just and proper. 11. As regards the alleged disfigurement caused to the claimant, no document is produced by her to prove the same. Regarding the alleged disability of difficult to raise in her hand and take weight, there is no document to substantiate her case. 12. On going through the award of the Tribunal and having considered the injuries sustained by the claimant and the treatment undergone by her, we feel that the compensation awarded by the Tribunal under other heads is also reasonable and fair. Therefore, we are not inclined to disturb the same. 13. The Tribunal calculated the total compensation of Rs.89,800/-. There is a clerical error in calculating the MACA 1280/2005 7 compensation. Actual compensation awarded comes to Rs.95,800/-. Therefore, the claimant is entitled to an additional compensation of Rs.6,000/-. She is entitled to interest at 6% p.a. on the enhanced amount from the date of petition till realization. In the result, with the above modification regarding the total compensation awarded by the Tribunal, the appeal is dismissed. The parties shall bear their own costs. A.K. BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.