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 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 MACA.No. 200 of 2008() ---------------------- OPMV.1097/2002 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): CLAIMANT: ----------------------- C.K.SASIDHARAN, S/O.KARUNAKARAN, CHATHANKERICHIRA HOUSE, M.N.G.P. WARD IV, S.N.PURAM P.O., ALAPPUZHA. BY ADV. SRI.A.KRISHNAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. JOJO JOSEPH, PAREEKKATTIL HOUSE, KIDANGOOR P.O., ANGAMALY, ERNAKULAM DISTRICT. 2. P.K.SAJI, S/O.KRISHNAN, CHERIAVAPPALASSERY, PANANPARAMBIL, NEAR SILKIN, NEDUMBASSERY P.O., ERNAKULAM. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, ALAPPUZA BRANCH, REPRESENTED BY ITS MANAGER. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.200 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of December, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1097/2002 on the file of Motor Accidents Claims Tribunal, Alappuzha. In this appeal, he challenges the judgment and award of the Tribunal dated April 27, 2007 awarding a compensation of Rs.65,750/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident that occurred on May 6, 2002 at about 3 p.m: 1. Lacerated wound over right leg 16 x 10 cm. bone deep. 2. X-ray reveals fracture both bones of right leg. 2. The accident happened while the claimant was driving the goods autorickshaw along Alappuzha-Ernakulam N.H. from south to north and when he reached at St.Micheal College, Mayithara, the lorry bearing Reg.No.KL-7/Z 1283 driven by the second respondent came at a high speed and dashed against the autorickshaw. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a MACA.No.200/2008 2 compensation of Rs. 3,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending lorry though entered appearance before the Tribunal did not file any written statement. The third respondent, the insurer of the offending lorry filed a written statement admitting the policy, but denied the liability. 4. Exts.A1 to A16 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondents. 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. 65,750/- with interest @ 6% per annum from the date of petition till realisation. 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. 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 MACA.No.200/2008 3 entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.65,750/-. The break up of the compensation awarded by the Tribunal is as under : Transportation - Rs. 1500/- Damage to clothing - Rs. 250/- Extra nourishment - Rs. 1500/- Attendant expenses - Rs. 1500/- Treatment expenses - Rs.23,000/- Loss of earning - Rs. 6,000/- Pain and suffering - Rs.15,000/- Loss of amenities - Rs.10,000/- For physical inconvenience - Rs. 5,000/- Property damage in respect of the goods autorickshaw - Rs. 2,000/- 8. Counsel for the claimant pointed out that no compensation was awarded for the disability caused . 9. The nature of the injuries sustained by the claimant shows that he must have suffered some disability. Therefore, we are of the view that he is entitled for compensation for the disability caused. Taking into consideration the nature of injuries sustained by him, we feel that a compensation of Rs. 10,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. MACA.No.200/2008 4 10. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum which appears to be very low. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. 11. In the result, the claimant is entitled to an additional compensation of Rs. 10,000/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation 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.200/2008 5