IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 MACA.No. 269 of 2004() ---------------------- OPMV.267/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: ----------------------------------- M.AJITH KUMAR, S/O. MUKUNDAN MENON, MAKKIYIL HOUSE, P.O. WEST PADAKULAM, METHALA, KODUNGALLUR, THRISSUR DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.NAIR AJAY KRISHNAN SRI.SAIJO HASSAN SRI.SABU SREEDHARAN SRI.VIMAL KUMAR.A.V. RESPONDENT(S): RESPONDENTS: --------------------------- 1. ARUN KUMAR P., KAVUNGAPARAMBIL HOUSE, SRINGAPURAM, KODUNGALLUR. 2. UNNIKRISHNAN, SON OF GOPI, KAVUNGAPARAMBIL HOUSE, THOZHUTHUNGAL HOUSE, KAVIL KADAVE, KODUNGALLUR. 3. THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, KODUNGALLUR. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.269 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th 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.267/1996 of Motor Accidents Claims Tribunal, Irinjalakkuda challenges the judgment and award of the Tribunal awarding a compensation of Rs. 25,000/- for the loss caused to him on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal in brief are these : The claimant was a cleaner of a bus earning Rs. 100/- per day, according to him. He was aged 24. On September 24, 1995 at about 9 a.m., the claimant was travelling in an autorickshaw bearing Reg.No. KL-B/9381 driven by the second respondent from Kodungallur to Pullut. When he reached at Pullut, on seeing a car coming from the opposite direction, the driver of the autorickshaw suddenly turned the vehicle as a result of which the autorickshaw over turned and fell on the side of the road. The claimant sustained serious injuries. MACA.No.269/04 Page numbers According to the claimant, accident occurred due to the rash and negligent driving of the offending autorickshaw by the second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending autorickshaw are jointly and severally liable to pay compensation to the claimant. 3. First respondent, the owner of the offending autorickshaw, remained absent and was set ex parte before the Tribunal. Second respondent, the driver of the offending autorickshaw filed a written statement contending that there was no negligence on his part and that he has a valid driving licence at the time of the accident. The third respondent the insurer of the offending autorickshaw filed a written statement admitting the policy. 4. Claimant was examined as PW1 and Exts.A1 to A9 were marked on the side of the claimant before the Tribunal. On the side of the contesting third respondent, Ext.B1 was marked. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending autorickshaw by second MACA.No.269/04 Page numbers respondent and awarded a compensation of Rs. 25,000/-. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. 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 question which arises for consideration is whether the claimant is entitled to any enhanced compensation ? 6. The claimant sustained the following injuries : Fracture of left Talus, lacerated wound exposing tendons and skin loss over the dorsal aspect of ankle of the left foot and lacerated wound left side of scalp. 7. Ext.A5 is the copy of wound certificate and Ext.A6 is the discharge summary. He has undergone treatment in the Modern Hospital, Kodungallur for 19 days. Ext.A7 disability certificate issued from Modern Hospital shows that the claimant has now the following disabilities : MACA.No.269/04 Page numbers “ 1. Range of movement of left ankle reduced by 23.07%. 2. Reduced strength of left ankle by 20%. 3. Ugly scar left ankle, malnuion of talar fracture, pain.” The doctor has certified that the claimant has now 21.06% disability of left lower limb. 8. The Tribunal awarded a total compensation of Rs. 25,000/-. The break up of the award amount is as under : Loss of earning for 6 months @ 1200/- per month -Rs. 7,200/- Transport expenses -Rs. 500/- Medical expenses -Rs. 5,800/- Bystander expenses -Rs. 500/- Pain and suffering -Rs. 6,000/- For discomfort and inconvenience caused -Rs. 5000/- --------------- Total -Rs. 25,000/- ========= 9. Learned counsel for the appellant argued that no compensation was awarded for the disability caused and that taking into consideration the fact that claimant has a disability of 21.06% as seen from Ext.A7, the certificate of disability, the Tribunal should have awarded some amount for the disability caused to the claimant. We find force in the above contention. Taking into consideration the fact MACA.No.269/04 Page numbers that the movement of the left ankle of the claimant was restricted, we feel that for the disability caused, a consolidated sum of Rs. 15,000/- would be reasonable. Regarding the compensation awarded under other heads, we find the same to be just and reasonable. Therefore, we are not disturbing the same. 10. In the result, the claimant is entitled to an additional compensation of Rs. 15,000/-. He 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. 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.269/04 Page numbers