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 7TH JUNE 2011 / 17TH JYAISHTA 1933 MACA.No. 208 of 2004() ---------------------- OPMV.1119/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): APPELLANT/CLAIMANT: --------------------------------- S.MOHAMMED BURHANUDEEN @ BURHANUDEEN, S/O. SHAMSUDEEN, RAYYAN MANZIL, OTTAHARAM, KALIYICKAVILA, PARASSALA P.O. BY ADV. SRI.NAGARAJ NARAYANAN SRI.NAIR AJAY KRISHNAN SRI.SAIJO HASSAN SRI.SABU SREEDHARAN RESPONDENTS/RESPONDENTS IN THE O.P: -------------------------------------- 1. P.VIJAYAN, PUNNANINNA VEEDU, THIRUPURAM, NEYYATTINKARA, THIRUVANANTHAPURAM. 2. JOHNROSE, VITTARTHALA PUTHEN VEEDU, VENPAKAL, ARALUMOODU. 3. UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE NO.I, CWC BUILDING, LMS COMPOUND, PALAYAM, THIRUVANANTHAPURAM. ADV. SRI.T.J.LAKSHMANAN IYER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.208 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of June, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1119/2000 on the file of Motor Accidents Claims Tribunal, Neyyattinkara. In this appeal, he challenges the judgment and award of the Tribunal dated September 27, 2003 awarding a compensation of Rs.1,50,020/- 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 June 16, 2000 at about 2 p.m. : Lacerated wound 6 x4 bone deep on the top of head underneath skull bone, lacerated wound 4 x 3 x 1 cm. ( R) forearm, lacerated wound on the middle of ( R) thigh bone, femur bone is protruding out, fracture both bones leg and old case of fracture femur. 2. The accident happened while the claimant was riding a motor cycle bearing Reg.No.TN-72-E.7626 along Neyyattinkara- Kaliyikkavila NH. When he reached in front of Kudisikhavila Sree MACA.No.208/2004 2 Dharmasastha Temple at Karali, he was knocked down by a lorry bearing Reg.No.KL-01-2478 driven by the second respondent. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 7,50,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending lorry filed written statements admitting the accident, but attributed negligence to the claimant. The third respondent, the insurer of the offending scooter filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A14 were marked on the side of the claimant before the Tribunal. Ext.B1 was marked by the contesting third 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 second respondent and awarded a compensation of Rs. 1,50,020/- with interest @ 9% 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. MACA.No.208/2004 3 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 entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.1,50,020/-. The break up of the compensation amount awarded is as under: Pain and suffering - Rs. 20,000/- Loss of earnings - Rs. 10,000/- Transportation - Rs. 2,000/- Damage to clothing - Rs. 500/- Medical expenses - Rs. 20,000/- Disability - Rs. 77,520/- Loss of amenities - Rs. 20,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused and for loss of amenities and enjoyment of life and on other heads. 9. The Tribunal took the monthly income of the claimant as MACA.No.208/2004 4 Rs.2,000/- and accepted the disability as 19% as assessed by the doctor in Ext.A11 certificate of disability and adopted a multiplier of 17 and awarded Rs. 77,520/- for the disability caused. Taking into consideration the nature of the injury sustained and the disability caused to him, we feel that the compensation awarded by the Tribunal for the disability caused is just and reasonable. 10. Towards medical expenses, the Tribunal awarded Rs.20,000/- only. The claimants produced medical bills Exts.A13 and A14 for Rs.43550.65 ps. No reason is stated by the Tribunal for disallowing those bills. Therefore, taking into account the nature of the injury sustained and the treatment undergone by him, we feel that towards medical expenses, a compensation of Rs. 43,000/- covered by those bills would be reasonable. Thus on this count, the claimant is entitled to an additional compensation of Rs.23,000/-. 11. The Tribunal awarded Rs.20,000/- for loss of amenities and enjoyment in life and Rs.20,000/- for pain and suffering endured. Having regard to the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 30,000/- for loss of amenities and MACA.No.208/2004 5 enjoyment in life and Rs.25,000/- for pain and suffering endured would be reasonable. As regards the compensation awarded 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. 38,000/-. 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. MACA.No.208/2004 6 MACA.No.208/2004 7