IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 MACA.No. 191 of 2011() ---------------------- OPMV.738/2006 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ MOHANAN, S/O.VELAYUDHAN, AGED 44 YEARS, VELAKUTHALA HOUSE, RAMANATTUKARA, KOZHIKODE. BY ADV. SRI.V.T.RAGHUNATH SMT.C.V.RAJALAKSHMI RESPONDENTS/RESPONDENTS --------------- 1. T.K.MAMU, S/O.MOIDEEN, AGE NOT KNOWN, THANIYADAN KUNNUMMAL HOUSE, (VIA) NARIKKUNI, MUTTANCHERY P.O., KOZHIKODE-673 583. 2. THE NEW INDIA ASSURANCE CO.LTD., SHAFEER COMPLEX, 6/975D, OPP.YMCA, KANNUR ROAD, KOZHIKODE-673 001. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.191 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.738/2006 on the file of II Addl. Motor Accidents Claims Tribunal, Kozhikode. In this appeal he challenges the judgment and award of the Tribunal dated September 18, 2010 awarding a compensation of Rs.21,617/- 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 November 6, 2004 at about 7.45 p.m. : Fracture both bones of right forearm and abrasion near forearm ( R). 2. The accident happened while the claimant was pillion riding on the motor cycle from Kuttikkattoor to NGO Quarters. When he reached at Velliparamba, he was knocked down by a lorry bearing Reg.No.KL 11-A-9810. Alleging negligence against the driver of the lorry, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 1,21,500/-. MACA.No.191/2011 2 3. Respondent No.1, the registered owner of the offending lorry remained absent before the Tribunal. The second respondent, the insurer of the offending lorry filed a written statement admitting the policy. 4. Exts.A1 to A7 series were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting second respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending lorry by its driver and awarded a compensation of Rs. 21,617/- with interest @ 7% per annum from the date of petition till realisation and a cost of Rs.800/-. 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 driver of the lorry is not challenged in this appeal. Therefore, the only MACA.No.191/2011 3 question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.21,617/-. The break up of the compensation amount awarded is as under: Transport to hospital - Rs. 500/- Extra nourishment - Rs. 500/- Bystander expenses - Rs. 600/- Treatment expenses - Rs. 8,017/- Pain and suffering - Rs.10,000/- Loss of amenities - Rs. 2,000/- 8. Counsel for the claimant sought enhancement of compensation for loss of amenities and enjoyment in life, for pain and suffering endured, for extra nourishment, for transport to hospital, for bystander expenses and on other heads. 9. The Tribunal awarded Rs.2,000/- for loss of amenities and enjoyment in life, Rs. 10,000/- for pain and suffering endured, Rs.500/- for extra nourishment, Rs. 500/- for transport to hospital and Rs. 600/- for bystander expenses which appear to be very low. Taking into consideration the nature of the injury sustained by the claimant and the period of treatment he has undergone, we feel that a compensation of Rs.7,500/- for loss of amenities and enjoyment in life, Rs. 15,000/- for MACA.No.191/2011 4 pain and suffering endured, Rs.1,500/- for extra nourishment, Rs. 1,000/- for transport to hospital and Rs. 1,000/- for bystander expenses would be reasonable. 10. There is another aspect in this case. The claimant produced Ext.A7 series medical bills amounting to Rs.9,837/-. The Tribunal rejected the bills for Rs. 1,820/- as the name of the claimant is not seen in the bill and awarded only Rs.8017/- towards treatment expenses. Taking into consideration the nature of the injury sustained by the claimant and the period of treatment he has undergone, we feel that the entire amount covered by the medical bills can be awarded to the claimant towards treatment expenses. Therefore, towards treatment expenses, the claimant is entitled to a compensation of Rs. 9,900/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 14,283/-. He is entitled to interest @ 7% per annum from the date of petition till realisation and proportionate cost. The second respondent being the insurer of the offending vehicle shall MACA.No.191/2011 5 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.191/2011 6