IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 MACA.No. 1790 of 2010() ----------------------- OPMV.133/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT/PETITIONER: -------------------------------------- MARAKKAR, 48 YEARS, S/O.KUNCHALAN MADHAMKUZHI HOUSE, CHELOOR AMSOM, PAZHOOR DESOM, TIRUR. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT -------------------- 1. MADHUSOODANAN .N, S/O.CHAPPAN NAIR NANUAMPURATH HOUSE, KUMBIDI PO PALAKKAD DISTRICT (DRIVER) 679553. 2. M/S. SEEYAM ENGINEERING CO.PVT LTD MECHANICAL ENGINEERING CONTRACTOR J.V.S.L.TORANGALLU, BELLARY, KARNATAKA (OWNER) 3. THE UNITED INDIA INSURANCE CO.LTD BRANCH OFFICE, UMAMAHESWARARAO BUILDING IST FLOOR, STATION ROAD, HOSPET, KARNATAKA 583 201 (INSURER) R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) SRI.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1790 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 17th February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.133 of 2007 on the file of the Motor Accidents Claims Tribunal, Tirur. In this appeal he challenges the judgment and award of the Tribunal dated March 6, 2010 awarding a compensation of Rs.62,520/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on February 18, 2006 at about 6.30 p.m. at Pallipadi. While the claimant was riding a motor cycle bearing registration No.KL-10K 4820 from Valanchery to Cheloor, he was knocked down by a car bearing registration No.KA-35M 2572, driven by the 1st respondent. He sustained serious injuries. Alleging negligence against the 1st respondent, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.3,25,000/-. MACA 1790/2010 2 3. The 1st respondent, the driver of the offending car, remained absent and he was set ex parte by the Tribunal. The 2nd respondent, owner of the offending car, though entered appearance did not file any written statement. The 3rd respondent, the insurer of the offending car, filed a written statement admitting the policy but contended that the alleged incident was not due to the negligence of the 1st respondent. 4. Exts.A1 to A18 were marked on the side of the claimant. Ext.C1 was marked as Court exhibits. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the 1st respondent and awarded a compensation of Rs. 62,520/- with interest @ 7.5 % p.a. from the date of petition till realization and cost of Rs.1,500/-. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. MACA 1790/2010 3 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 1st respondent, driver of the offending car, is not seriously 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 in the accident:- 1) Transverse process fracture LA left. 2) Grade I.A.C. joint sprain left. 3) Partial rotator cuff tear left. 4) Fracture L/E radius left. 5) Par spinal hematoma right. 6) Head injury. 7) Multiple abrasions. 8) Dental injury/ENT injury. 8. The Tribunal awarded a total compensation of Rs.62,520/-. Break up of the compensation awarded is as under:- Transportation expenses : Rs. 5,000 Damage to clothing : Rs. 500 Bystander's expenses : Rs. 750 Extra nourishment : Rs. 500 Medical bills : Rs.15,763 Pain and suffering : Rs.15,000 MACA 1790/2010 4 Loss of amenities : Rs.10,000 and enjoyment in life. ------------------ Total : Rs.62,513 Rounded : Rs.62,520 ======= 9. The learned counsel for the claimant sought enhancement of compensation for pain and suffering and on other heads. He has pointed out that no compensation was granted for disability caused. 10. The claimant was working abroad and earning Rs.25,000/- per month. No compensation was seen awarded by the Tribunal for the disability caused to the claimant. Ext.C1 certificate issued from the Medical Board shows that the claimant has suffered a disability of 12%. Therefore, the claimant is entitled to compensation for the disability caused. Taking into consideration the nature of the injuries sustained by the claimant and disability caused to him and the fact that he was aged 45 at the time of the accident, we feel that a compensation of Rs.30,000/- would be reasonable for the disability caused. As regards the compensation MACA 1790/2010 5 awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 13. In the result, the claimant is found entitled to an additional compensation of Rs.30,000/-. He is entitled to interest @ 7.5% per annum from the date of petition till realization and proportionate cost. The 3rd respondent, insurer of the offending car, 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 to the above extent. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn