IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 MACA.No. 3151 of 2009() ------------------------------------ OP(MV).2899/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): CLAIMANT ---------------------------------------- ANTONY P.D. S/O.DEVASSY, PALLATHUSSERY HOUSE, EDAVANAKADU, COCHIN TALUK. BY ADV. SRI.T.I.DANIEL SMT.K.DEEPA (PAYYANUR) RESPONDENT(S): RESPONDENTS -------------------------------------------------- 1. DENCIL, S/O.ANTONY, VALIAPARAMBIL HOUSE, EDAVANAKADU, COCHIN TALUK. 2. ANTONY,S/O.JOSEPH, PADIARAM PARAMBIL, NARAKKAL. 3. THE ORIENTAL INSURANCE CO.LTD., RAVIPURAM, REPRESENTED BY ITS DIVISIONAL MANAGER, ERNAKULAM. R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 3151 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 10th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.2899 of 2002 on the file of the Motor Accidents Claims Tribunal, Ernakulam. In this appeal he challenges the judgment and award of the Tribunal dated March 16, 2009 awarding a compensation of Rs.37,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on March 19, 2000 at about 7.30 p.m. While the claimant was pillion riding on a motor cycle, it collided with another motor cycle ridden by the 1st respondent. Alleging negligence against the 1st respondent, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.1,40,000/-. 3. Respondents 1 to 3 are the rider, owner and insurer of the offending motor cycle. Respondents 4 to 6 who are the owner, rider and insurer of the motor cycle in which the claimant was pillion riding were removed from the party array. Respondents 1 and 2 remained absent before the Tribunal. The 3rd respondent has filed a written statement admitting the policy but denied the negligence of the 1st respondent. MACA 3151/2009 2 4. Exts.A1 to A9 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence on the part of the 1st respondent and awarded a compensation of Rs.37,000/- with interest @ 6% p.a. from the date of petition till date of award and thereafter @ 9% per annum 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 claimant and learned 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 1st 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.37,000/-. Break up of the compensation awarded is as under:- Hospitalization, : Rs. 1,500 transportation, attendant's Expenses, etc. MACA 3151/2009 3 Loss of earnings : Rs. 3,000 Treatment expenses : Rs.20,500 Pain and suffering : Rs. 8,000 Discomforts & inconvenience : Rs. 4,000 and disfiguration. ------------------ Total : Rs.37,000 ======= 8. The learned counsel for the appellant/claimant sought enhancement of compensation for pain and suffering endured, disfigurement caused, for loss of amenities and enjoyment in life and on other heads. He pointed out that no compensation was awarded for the disability caused. 9. The claimant sustained the following injuries:- 1) Multiple abrasions over (L) side of face. 2) Odema (L) eye with mild corneal abrasion. 3) Loss of teeth. 4) Minor head injury. 5) Luxated teeth. 6) Abrasions on (L) ulna. 7) Multiple wound of (L) side of face. 10. The Tribunal is justified in not awarding any compensation for the disability caused, as the claimant did not produce any certificate of disability. 11. The Tribunal awarded Rs.8,000/- for pain and suffering. MACA 3151/2009 4 Taking into consideration the nature of the injuries sustained, we feel that a compensation of Rs.15,000/- would be reasonable on this count. 12. The Tribunal awarded Rs.4,000/- for discomforts and inconvenience and disfiguration. Having regard to the nature and intensity of the injuries, we feel that a compensation of Rs.25,000/- would be reasonable for disfiguration and loss of amenities. 11. The Tribunal awarded Rs.3,000/- for loss of earning ie., for one month. Taking into consideration the nature of the injuries sustained, we feel that he must have been disabled for two months, for which he is entitled to a compensation of Rs.6,000/- at the rate of Rs.3,000/- per month. 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.31,000/- with interest @ 7.5% per annum from the date of petition till realization. The 3rd respondent, insurer of the offending vehicle, shall deposit the amount within two months from the date of receipt of a copy of MACA 3151/2009 5 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