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 3RD JANUARY 2011 / 13TH POUSHA 1932 MACA.No. 2050 of 2007() --------------------- OPMV.550/1996 OF II ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE ................... APPELLANT / PETITIONER : ----------------------------------------- P.MURALEEDHARAN, AGED 35 YEARS, SON OF APPUTTY, KANNAMPURATHU HOUSE, P.O.VAIDYARNAGADI, VIA.RAMANATTUKARA, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS / RESPONDENTS : ------------------------------------------------ 1. P.KOYA, SON OF KUNHALAVI, PATTAYIL HOUSE, P.O.RAMANATTUKARA, KOZHIKODE. 2. ABDUL AZEEZ, SON OF VEERAN HAJI, AMBALAPURATHU VEEDU, VELIPRAM AMSOM, RAMANATTUKARA, KOZHIKODE. 3. THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO. LTD., PRAMOD BUILDINGS, CHEROOTY ROAD, KOZHIKODE. 4. C.ABDURAHIMAN, SON OF MUHAMMED, CHUTTAKATTIL HOUSE, P.O.PULPETTA, MANJERI, MALAPPURAM DISTRICT. 5. M.AYAMUTTY, SON OF MOHAMMED, PALLIYALIL VEEDU, P.O.PUTHUR, PALLIKKAL AMSOM, THENHIPALAM, MALAPPURAM DISTRICT. 6. THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO. LTD., V.K.BUILDINGS, CHEROOTY ROAD, KOZHIKODE. R6 BY ADVS. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI. P. JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/01/2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 2050 of 2007 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 3rd day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.550 of 1996 on the file of the Motor Accidents Claims Tribunal, Kozhikode. In this appeal he challenges the judgment and award of the Tribunal dated February 28, 2007 awarding a compensation of Rs.1,14,615/- for the loss caused to him on account of the injuries sustained by him in a motor accident . 2. The claimant sustained the following injuries in the accident:- 1) Grade III compound fracture both bones of right leg. 2) Fracture femur right. 3) Multiple abrasion over left leg. 4) Lacerated wound over the face. 3. The accident happened while the claimant was MACA 2050/2007 2 travelling in the cabin of a mini lorry bearing registration No.KL2 3243 along Kozhikode – Ramanattukara road. When the mini lorry reached near Southern Gas Company at Kundayithode, it hit on the rear side of a bus bearing registration No.KRD 5817, as a result of which the claimant sustained serious injuries. Alleging negligence against the 2nd respondent, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.5 lakhs. 4. Respondents 1 and 2 are the owner and driver of the offending mini lorry and respondents 4 and 5 are the owner and driver of the bus. They remained absent before the Tribunal. Respondents 3 and 6, insurer of the vehicles, filed written statements admitting the policy of the respective vehicles. Exts.A1 to A9 and Ext.C1 were marked on the side of the claimant and Exts.B1 and B2 were marked on the side of the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the 2nd respondent, driver of MACA 2050/2007 3 the offending mini lorry, and awarded a compensation of Rs.1,14,615/- with interest @ 7% p.a. from the date of petition till realization. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the appellant/claimant and learned counsel for respondents 3 and 6 Insurance Companies. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence o of the 2nd respondent is not seriously 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.1,14,615/-. Break up of the compensation awarded is as under:- Transportation : Rs. 500 Extra nourishment : Rs. 1,000 Damage to clothing : Rs. 300 MACA 2050/2007 4 Bystander expenses : Rs. 6,000 Temporary loss of earning : Rs. 9,000 Medical expenditure : Rs. 73,315 Pain and suffering : Rs. 16,500 Permanent disability : Rs. 8,000 ------------------ Total : Rs.1,14,615 ======= 8. The learned counsel for the appellant/claimant sought enhancement of compensation for the disability caused and for pain and suffering. The learned counsel points out that no compensation was awarded for the loss of amenities and enjoyment in life. 9. The Tribunal awarded Rs.16,500/- for pain and suffering endured by the claimant. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.20,000/- would be reasonable on this count. 10. The Tribunal did not award any compensation for the loss of amenities and enjoyment in life. Taking into consideration the nature of the injuries sustained, we feel that a compensation of Rs.10,000/- would be reasonable on MACA 2050/2007 5 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. 11. In the result, the claimant is found entitled to an additional compensation of Rs.13,500/- with interest @ 7% per annum from the date of petition till realization. The 3rd respondent Insurance Company shall deposit the amount 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