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 8TH APRIL 2010 / 18TH CHAITHRA 1932 MACA.No. 1279 of 2004() ----------------------- OPMV.2162/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): APPELLANT ----------------------- ABDUL AZEEZ, S/O.MUHAMMEDKUTTY, ARAMKUNI HOUSE, NEDUPURATH PARAMBA, NALLALAM POST, KOZHIKODE. BY ADV. SRI.VINOD VALLIKAPPAN SRI.GANGADHARAN MANAPPATT PALLIKUTH RESPONDENT(S): RESPONDENT --------------- 1. P.C.MOHAMMED HAJI, S/O.MAMMU HAJI, PALLIYAKKANCHALIL HOUSE, KODUVALLY, ELATHIL POST, KOZHIKODE. 2. KRISHNAN, S/O.VELUKUTTY, KUTTITHODI HOUSE, PUTHUKKODE, RAMANATTUKARA, KOZHIKODE. 3. M/S.UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, WHITE LINES BUILDING, KALLAI ROAD, KOZHIKODE. ADV. SRI.RAJESH THOMAS FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 1279 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of April, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.2162/1995 of 1st Addl. Motor Accidents Claims Tribunal, Kozhikode challenges the judgment and award of the Tribunal, dated, January 31, 2004 awarding a compensation of Rs. 1,22,042/- 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 boy aged 15 at the time of the accident. On March 29, 1995 at about 11.a.m., the claimant was travelling in a jeep bearing Reg.No.KL-11/A-9525 from Kozhikode to Manjeri. When he reached near the 11th mile junction, the jeep stopped for alighting some passengers. At that time, a lorry bearing Reg.No.KL-11/A9525 driven by the second respondent came and dashed against the back side of the jeep. The claimant sustained serious injuries. According to the M.A.C.A.No.1279/2004 2 claimant, the accident occurred due to the negligence on the part of the second respondent, the driver of the offending lorry. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending lorry are jointly and severally liable to pay compensation to the claimant. 3. Respondents 1 and 2, the owner and driver of the offending lorry remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending lorry filed a written statement admitting the policy, but denying the liability. 4. Exts.A1 to A9 were marked and report of Medical Board was marked as Ext.C1 on the side of the claimant. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending lorry by second respondent and awarded a compensation of Rs. 1,22,042/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellant/claimant and the counsel for the Insurance Company. M.A.C.A.No.1279/2004 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 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 ? 7. The claimant sustained the following injuries as revealed from Ext.A2 which is the Index Card issued from the Medical College Hospital, Kozhikode. Ext.A3 is the discharge summary issued from the hospital. 1. Fracture of shaft of femur bilateral. 2. Fracture of both bones forearm right 3. Fracture of pelvis with deep lacerated wound on the left Inguinal region. 4. Urethral injury type III 8. Petitioner was admitted on 09-03-1995 and was discharged on 3-5-1995. He was again admitted on 27-07-1995 and was discharged on 12-08-1995. Therefore, he has undergone treatment for 61 days. Ext.C1 shows that he has a permanent disability of 30%. M.A.C.A.No.1279/2004 4 9. The Tribunal awarded a total compensation of Rs. 1,22,042/-. The break up of the compensation awarded is as under : Disability - Rs. 67,500/- Pain and suffering - Rs. 20,000/- Transport to hospital - Rs. 5,000/- Extra nourishment, bystander etc. - Rs. 10,000/- Medical bills - Rs. 9,542/- Loss of amenities - Rs. 10,000/- ------------------ Total - Rs.1,22,042/- =========== 10. Counsel for the claimant sought enhancement of compensation for the disability caused, for loss of amenities and enjoyment of life and for pain and suffering endured. The counsel for the appellant pointed out that no compensation was awarded for the loss of expectation of life. 11. The claimant was aged 15 at the time of the accident. The Tribunal awarded a compensation of Rs.67,500/- for the disability caused which appears to be reasonable. Therefore, towards disability M.A.C.A.No.1279/2004 5 caused, claimant is not entitled to any enhanced compensation. The Tribunal awarded Rs. 10,000/- for the loss of amenities and enjoyment of life. The claimant sustained urethral injury and injury on the inguinal region. Therefore, we feel that a compensation of Rs. 30,000/- would be reasonable on this count. Therefore, on this count the claimant is entitled to an additional compensation of Rs. 20,000/-. 12. For the pain and suffering endured by the claimant, the Tribunal awarded Rs. 20,000/- which appears to be very low. Taking into consideration the nature of the injury sustained, we feel that a compensation of Rs. 30,000/- would be reasonable on this count. Therefore, on this count, the claimant is entitled to an additional compensation of Rs. 10,000/-. 13. Towards loss of expectation of life, the Tribunal did not award any compensation. Serious nature of the injury sustained by the claimant must have reduced his expectation of life. Therefore, we feel that a compensation of Rs. 30,000/- would be reasonable. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. M.A.C.A.No.1279/2004 6 14. Thus, the claimant is entitled to an additional compensation of Rs. 60,000/-. 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. M.A.C.A.No.1279/2004 7