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 22ND JUNE 2010 / 1ST ASHADHA 1932 MACA.No. 2837 of 2009() ----------------------- OPMV.333/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, WAYANAD,KALPETTA .................... PETITIONER:APPELLANT: --------------------------------------- ANJU, AGED 4 ½ YEARS, D/O.THOMAS, PADIYARA HOUSE, VEMOM.P.O, MANANTHAVADY TALUK, WAYANAD DISTRICT. (PETITIONER BEING MINOR, REPRESENTED BY NEXT FRIEND, GUARDIAN AND MOTHER MARY THOMAS, AGED 35 YEARS,W/O.THOMAS,PADIYARA HOUSE,VEMOM.P.O, MANANTHAVADY TALUK, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. RAJU, AGED 32 YEARS, FATHERS NAME NOT KNOWN, KANJIRATHINGAL HOUSE, CHEMBUKADAVU POST, KOZHIKODE DISTRICT. (DRIVER OF THE MOTOR CYCLE NO.KL-11.N/4531, D.L.NO.NOT KNOWN). 2. K.J.MICHALE, AGED ABOUT 30 YEARS, FATHERS NAME NOT KNOWN, KANJIRATHINGAL HOUSE, CHEMBUKADAVU POST, KOZHIKODE DISTRICT. (OWNER OF THE MOTOR CYCLE NO.KL-11.N/4531). 3. KERALA STATE INSURANCE CO., KALPETTA, NEAR TOWN HALL. R3 BY GOVT. PLEADER SRI. L.G.SURESH BABU THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss A.K.BAHSEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 2837 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 22nd day of June, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P. (MV) No.333 of 2003 of Motor Accidents Claims Tribunal, Kalpetta challenges the judgment and award of the Tribunal dated May 7, 2008 awarding a compensation of Rs.7,700/- for the loss caused to her on account of the injuries sustained by her in a motor accident. 2. The facts leading to this appeal, in brief, are these:- The claimant was aged 4 ½ years at the time of the accident and is represented by her next friend guardian mother. On May 18, 2003 at about 11.30 a.m. while the claimant was walking along the side of Chembukadavu road, she was knocked down by a motor cycle bearing registration No.KL 11N/4531, ridden by the first respondent. The claimant sustained serious injuries. MACA 2837/09 2 According to the claimant, the accident occurred due to the rash and negligent riding of the offending motor cycle by the first respondent. First respondent as the rider, second respondent as the owner and third respondent as the insurer of the offending motor cycle are jointly and severally liable to pay compensation to the claimant. 3. Respondents 1 and 2, the rider and the owner of the offending motor cycle, remained absent and were set ex parte by the Tribunal. The third respondent, the insurer of the offending motor cycle, filed a written statement, admitting the policy. 4. PWs.1 and 2 were examined and and Exts.A1 to A6 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal, on an appreciation of evidence, awarded a compensation of Rs.7,700/- with interest at 6% per annum. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA 2837/09 3 5. Heard the counsel for the claimant and the counsel for 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 first respondent, rider of the 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 inter-trochanteric fracture right femur, as seen from Ext.A1 treatment certificate issued from the hospital. Ext.A2 is the treatment book and Ext.A3 is the C.T. scan report. 8. The Tribunal awarded a total compensation of Rs.7,700/-. Break up of the compensation awarded is as under :- Transport to hospital : Rs. 1,000/- Extra-nourishment : Rs. 500/- Damage to clothing : Rs. 200/- Bystander's expense : Rs. 500/- Medical expense : Rs. 500/- Pain and sufferings : Rs.5,000/- -------------------- MACA 2837/09 4 Total : Rs.7,700/- ======== 9. The learned counsel for appellant sought enhancement of compensation for pain and suffering and loss of amenities and enjoyment in life. 10. The Tribunal awarded a compensation of Rs.5,000/- for pain and suffering, which appears to be very low. Taking into consideration the nature of injuries sustained by the claimant, we feel that a compensation of Rs.10,000/- would be reasonable on this count. 11. No compensation was awarded for loss of amenities and enjoyment in life. Having regard to the nature of injuries sustained by the claimant, we feel that a compensation of Rs.5,000/- would be reasonable on this count. As regards the compensation granted under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 12. In the result, the claimant is found entitled to an additional compensation of Rs.10,000/-. The Tribunal MACA 2837/09 5 awarded interest @ 6% per annum, which appears to be very low. The claimants are entitled to interest at 7.5% per annum for the compensation already awarded and for the enhanced compensation from the date of petition till realization. He is also entitled to proportionate cost. The third respondent being the insurer of the offending motor cycle, shall deposit the amount before the Tribunal 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.