IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 MACA.No. 135 of 2007() ---------------------- OPMV.110/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT/APPELLANT -------------------------- CHEMBAN KUTTIALI, AGED 32 YEARS, S/O.MUHAMMED, PARAMBIL HOUSE, P.O.MOONIYOOR, PIN- 676 311, KALIAYATTUMUKKU, MALAPPURAM DT. BY ADV. SRI.E.NARAYANAN RESPONDENTS/ RESPONDENT ------------------------- 1. SHIHAB, AGED 24,S/O MUHAMMED, PANDAMKAVIL HOUSE, OLAKARA P.O., A.R.NAGAR, PUKAYOOR (DRIVER). 2. MAJEED P.P., S/O.MUHAMMED, PULIKKA PARAMBAN HOUSE, OLAKARA P.O., PUKAYOORKUNNATH, TIRURANGADI, MALAPPURAM DT. (R.C.OWNER). 3. UNITED INSURANCE COMPANY LTD., PEECHI COMPLEX, CALICUT ROAD, PERINTHALMANNA. ADV. SRI.JOHN JOSEPH VETTIKAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. ------------------------- M.A.C.A No.135 of 2007 -------------------------- Dated this the 23rd February, 2010 J U D G M E N T Barkath Ali,J. The appellant has filed this appeal under Section 173 of the Motor Vehicles Act for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Tirur in O.P (MV) No.110/2003 by award dated March 04, 2006 for the loss caused to him on account of the injuries sustained in a motor accident. 2. The facts in brief are these: The claimant/appellant was aged 32 at the time of the accident. On July 2002, at 5.45 p.m while he was walking along the side of the road at Velimukku, he was knocked down by the motor cycle bearing Reg.No.KL-10N/6093 causing serious injuries to him. According to the claimant, the accident occurred due to rash and negligent driving of the offending motor cycle by the 1st respondent. First respondent as the driver, 2nd respondent as the owner and 3rd respondent as the insurer of the vehicle are jointly and severally liable to pay compensation to the claimant. 3. Respondents 1 and 2, the rider and owner of the offending motor cycle remained absent and were set ex parte M.A.C.A No.135 of 2007 2 by the Tribunal. The 3rd respondent, insurer of the offending motor cycle filed a written statement admitting the policy and further contending that there was negligence on the part of the claimant. 4. On the side of the claimant, Exts.A1 to A8 were marked. No evidence was adduced by the contesting 3rd respondent before the Tribunal. On an appreciation of evidence, the Tribunal awarded a compensation of Rs.57,000/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and the learned counsel for the Insurance Company. 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, the rider of the offending motor cycle 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 a fracture to both bones of right leg at lower 1/3 junction. Ext.A2 is the copy of the wound certificate. Ext.A3 - copy of the discharge card M.A.C.A No.135 of 2007 3 shows that the he was admitted in the hospital on July 3, 2002 and was discharged on July 17, 2002. Ext.A5 copy of the discharge card shows that he was again admitted in the hospital on 10.6.2004 for implant removal and he was discharged on 13.6.2004. Ext.A8 series are bills for Rs.26,300/-. Ext.A7 certificate of disability shows that he has permanent disability of 10% as he has a scar on the right leg at the fracture site. The Tribunal awarded compensation as follows: Transport to hospital - Rs. 1,000 Bystanders expenses - 1,700 Medical bills - 26,300 Extra nourishment - 1,000 Damage to clothing - 500 Pain and suffering - 15,000 Loss of amenities - 2,500 Loss of earnings - 9,000 --------------------- Total - 57,000 ========= 8. The counsel for the claimant argued that no compensation was awarded for the permanent disability caused to him. Ext.A7 disability certificate shows that the claimant has suffered permanent disability of 10% He has produced a copy of the said certificate for our perusal. It is certified therein that there was an unhealthy scar on the Right leg over the fracture site 12 cms x 2.5cms. It is clear M.A.C.A No.135 of 2007 4 from the above that the claimant has suffered some permanent disability. The Tribunal has assessed his monthly income as Rs.3,000/-. Taking into consideration all these aspects, we feel that a compensation of Rs.15,000/- would be reasonable for the permanent disability caused to the claimant. The compensation awarded under other heads is not questioned before us. 9. Thus the claimant is entitled to an additional compensation of Rs.15,000/-. He is entitled to interest at the rate 9% per annum from the date of petition till realisation and proportionate costs. Third respondent, the insurer of the offending vehicle 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 ma M.A.C.A No.135 of 2007 5 M.A.C.A No.135 of 2007 6 M.A.C.A No.135 of 2007 7