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 30TH MAY 2011 / 9TH JYAISHTA 1933 MACA.No. 17 of 2005() --------------------- OPMV.1339/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/ PETITIONER ------------------------ MANKUNNAN SOBHANA, D/O.CHATHU, THAZHATHEYIL HOUSE, SHAPPUMKUNNU, P.O.KARAKKUNNU. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS/ RESPONDENT ------------------------- 1. ABDUL RASHEED, VAYILTHODI, S/O.ALIKUTY, SOUTH PUTHALAM, AREACODE. (DRIVER). 2. K.AHAMMEDKUTTY, S/O.UNNIPPA, KUTTASSERI HOUSE, P.O., MARUTHA (OWNER). 3. VALIYAPPEEDIAKKAL AYOOB, S/O.MOYINKUTTY, AYINTHOOR, PATHAPIRIYAM (DRIVER). 4. C.ABDUL KARIM, S/O.MOHAMMED, PANOLATH HOUSE, P.O.PATHAPIRAYAM (OWNER), 5. E.J.JOSE, S/O.JOSEPH, ELANHIMATTATHIL HOUSE, VAZHIKKADVU AMSOM AND DESOM, (DRIVER). 6. VADAKKAN MOHAMMED RASHEED, S/O.ITHUTTY, KARAKKUNNU(OWNER) 7. ORIENTAL INSURANCE COMPANY LTD., MANJERI ADV. SRI.RAJESH THOMAS FOR R7 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.17 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of May, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1339/1999 on the file of Motor Accidents Claims Tribunal, Manjeri. In this appeal, he challenges the judgment and award of the Tribunal dated August 23, 2004 awarding a compensation of Rs.28,770/- 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 April 27, 1999 at about 1.45 p.m. : Lacerated wound 3 x 1 x 1 cm. lateral side of right eye, lacerated wound right side of face 1 x 1 x 1 cm. and one teeth lower jaw lost. Fracture anterior and posterior aspect of right orbit, fracture lateral orbit bony wall and fracture zygomatic arch right. 2. The accident happened while the claimant was travelling in a bus bearing Reg.No.KRZ 4514 driven by the first respondent from Karakunnu to Nilambur. When he reached at Thodintekara near Mambad, the bus dashed against a bus bearing Reg.No.KL-10/1355 which was stopped there for alighting passengers MACA.No.17/2005 2 and as a result of which the bus bearing Reg.No.KL-10/1355 moved forward and dashed against another bus bearing Reg.No.KL-10/5199. Alleging negligence against the drivers of the vehicles, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 1,15,000/-. 3. Respondents 1 and 2 are the driver and owner of the bus bearing Reg.No.KRZ 4514. Respondents 3 and 4 are the driver and owner of the bus bearing Reg.No.KL-10/5199. Respondents 5 and 6 are the driver and owner of the bus bearing Reg.No.KL-10/1355. The seventh respondent is the insurer of all the three buses. Respondents 1, 2, 3, 4 and 6 remained absent before the Tribunal. The fifth respondent was reported dead. The 7th respondent, the insurer of the offending vehicles filed a written statement admitting the policy of the vehicles. 4. PW1 was examined and Exts.A1 to A12 and Ext.X1 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting seventh respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending bus bearing Reg.No.KRZ MACA.No.17/2005 3 4514 by first respondent and awarded a compensation of Rs. 28,770/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.750/- against respondents 1, 2 and 7. 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 first 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.28,770/-. The break up of the compensation amount awarded is as under: Loss of earnings for six months - Rs.12,000/- Transport to hospital - Rs. 500/- Extra nourishment - Rs. 350/- Bystander's expenses - Rs. 350/- Medical expenses - Rs. 3,570/- Pain and suffering - Rs.10,000/- Loss of tooth - Rs. 2,000/- MACA.No.17/2005 4 8. Counsel for the claimant sought enhancement of compensation for loss of tooth and on other heads. He pointed out that no compensation was awarded for the disability caused. 9. Ext.X1 the certificate of disability issued by the Medical Board shows that claimant has now no visual disability. Therefore, the Tribunal is justified in awarding no compensation for the alleged disability caused. 10. The Tribunal awarded Rs. 2,000/- for loss of tooth. Taking into consideration the fact that the claimant was aged 32, we feel that a compensation of Rs. 5,000/- would be reasonable for loss of tooth. 11. No compensation is seen awarded for loss of amenities and enjoyment in life. Having regard to the nature of the injury sustained by the claimant, we feel that a compensation of Rs. 15,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 12. 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 MACA.No.17/2005 5 petition till realisation for the compensation already awarded and also for the enhanced compensation. 13. In the result, the claimant is found entitled to an additional compensation of Rs. 18,000/-. 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 seventh 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.17/2005 6