IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 MACA.No. 244 of 2004() ---------------------- OPMV.1128/1997 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/CLAIMANT: --------------------------------- SASIKUMAR, S/O. V.K. KUMARAN NAIR, AGED 45 YEARS, RESIDING AT MENONKATTIL HOUSE, POOTHOTTA, MANAKUNNAM VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.SHAJI P.CHALY RESPONDENT(S): --------------- 1. MOHAMMED BASHEER, S/O. MOITHEEN, THOTTATHIKUDY HOUSE, NEAR THURANGAM JUNCTION, KOTTAPPADY, ERNAKULAM DISTRICT. - DELETED 2. K.S. SALIM, S/O. K.N. JADEENDRAN, DEVISADANAM, ELAMAKKARA, KOCHI-26. - DELETED R1 & 2 ARE DELETED FROM THE PARTY ARRAY AS PER ORDER DT.31.3.09 IN I.A. 720/09. 3. THE ORIENTAL INSURANCE COMPANY LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, ERNAKULAM. 4. THE ORIENTAL INSURANCE COMPANY LTD., REPRESENTED BY ITS DIVISIONAL MANAGER JOSE ANNEX, JOSE JUNCTION, M.G. ROAD, ERNAKULAM. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 & 4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON 05/06/2009 DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 244 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the ... day of June, 2009 JUDGMENT Joseph Francis, J. This appeal is filed by the claimant in O.P.(M.V.)No. 1128 of 1997 on the file of the Additional Motor Accidents Claims Tribunal, Ernakulam. That is a petition filed under Section 166 of the Motor Vehicles Act. 2. The allegation is that on 3.11.1996 at about 6.15 a.m. while the appellant/petitioner was riding his motor cycle from east to west near Venduruthy Bridge at Thevara, a bus bearing No.KLW 232 driven by the first respondent in a rash and negligent manner dashed against the motor cycle, as a result of which the appellant sustained serious injuries. The second respondent is the owner of the bus and the third respondent the insurer. The appellant claimed Rs.10 Lakhs as compensation. M.A.C.A.No. 244 of 2004 2 The third respondent filed written statement admitting the policy of the bus. 4. The Claims Tribunal, on considering the evidence, passed an award allowing the petitioner to realise a sum of Rs.2,89,062/- with interest at the rate of 9% p.a. from the date of the petition till the date of realisation and appropriate cost from respondents 1 to 3. Being dissatisfied with the compensation awarded, the appellant/petitioner filed this appeal for enhanced compensation. 5. Heard the learned counsel for the appellant and the third respondent. 6. The learned counsel for the third respondent submitted that the Claims Tribunal awarded a reasonable compensation and therefore there is no scope for any enhancement. The learned counsel for the appellant submitted that the compensation awarded is on the lower side. 7. Ext.A2, copy of the wound certificate, shows that the appellant sustained the following injuries in the accident. “1. Pallor present. M.A.C.A.No. 244 of 2004 3 2. Pain and tenderness on the right shoulder. Abnormal contour of right shoulder. Clinically anterior dislocation. 3. Degloving crush injury on right thigh with abnormal mobility, distal ½ twisted 360 distal pulse not palpable. 4. X-ray showed segmental fracture of middle third right femur. 5. X-ray of left femur showed comminuted fracture of subtrochanteric.” Ext.A7 is the certificate of disability issued by the Orthopedic Surgeon, Government Hospital, Ernakulam, showing that the appellant has the following disability. “1. Foot drop rights 2. Shortening of right lower extraminity by 3 cm. 3. Disfigurement and bad scarring of right thigh causing limitation of squatting and climbing of staircase, pain and swelling for walking for long distance. 4. His disability assessed as 45% permanent partial.” Ext.A6 is the copy of the salary certificate showing that the appellant was employed as Senior Traffic Assistant in Indian Airlines and he was drawing a monthly salary of Rs.18,177/- Since the appellant is still an M.A.C.A.No. 244 of 2004 4 employee, the learned Tribunal awarded only Rs. 1 Lakh as compensation for the disability, loss of amenities and enjoyment in life and for loss of future prospect of getting job after retirement. 8. The learned counsel for the appellant submitted that the compensation of Rs. 1 Lakh under the above heads is very low. Considering the percentage of disability, loss of amenities and loss of enjoyment in life, we are of the view that Rs.25,000/- more is to be awarded as additional compensation under those heads. The compensation awarded under other heads are reasonable 9. This appeal is allowed in part. The appellant is allowed to realise a sum of Rs.25,000/- more together with interest at the rate of 7.5% from the date of the petition till the date of realisation from the respondents. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm