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 16TH MARCH 2010 / 25TH PHALGUNA 1931 MACA.No. 1488 of 2004(C) ------------------------------------- [O.P(MV).NO.898/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR] .................... APPELLANT: ------------------- K.L.JOSE, S/O.LAZER, KANJIRATHINGAL HOUSE, P.O.KIZHAKKUMPATTUKARA, THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN. RESPONDENTS: ------------------------ * 1. V.ASHOK KUMAR, S/O.VELUMANI, M/S.MANKARIJI FABRICS, 3-B, KANDUSWAMI, 3RD STREET, PICHAMPALAYAM, COIMBATORE, TAMIL NADU. *(DELETED). * NAME OF THE FIRST RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DT. 14/01/2010. 2. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, THIRUPPUR, TAMIL NADU. R2 BY ADV. SRI.P.JAYASANKAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q. BARKATH ALI, JJ. =-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-= M.A.C.A. No. 1488 of 2004 =-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-= Dated this the 16th day of March, 2010 JUDGMENT Barkath Ali, J: In this appeal under section 173 of the Motor Vehicles Act claimant in O.P.(MV) No.898 of 2000 of the Motor Accidents Claims Tribunal, Thrissur challenges the judgment and award of the Tribunal dated June 22, 2004, awarding a compensation of Rs.1,37,000/- for the loss caused to the claimant, on account of the injury sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these:- The claimant was aged 42 at the time of the accident and used to earn salary of Rs.18,415/- per month, as Senior Bank Manager, according to the claimant. On July 29, 1999 at 5.15 a.m. the claimant was traveling in a Maruthi car bearing registration No. TN-39-J 8294 along Thrissur – MACA 1488/04 2 Ernakulam N.H. road. When the car reached at Amballur, it collided head on with a tanker lorry bearing registration No.KRZ 3753, as a result of which, the claimant sustained serious injuries. According to the claimant, the accident occurred due to a rash and negligent driving of the offending car by the second respondent. Respondents 1 to 3, as the owner, driver and insurer of the car, are jointly and severely liable to pay the compensation to the claimant. The claimant claimed compensation of Rs.4,63,000/-. 3. Respondents 4 to 6 before the Tribunal are the driver, owner and insurer of the lorry involved in the accident. During the pendency of the application, the second respondent died. Respondents 3 and 6 filed separate written statements. Other respondent remained absent and they were set ex parte by the Tribunal. The third respondent, insurer of the offending car, in the written statement, admitted the policy and further contended that the accident occurred due to the negligence on the part of the driver of the lorry. The sixth respondent, insurer of the MACA 1488/04 3 lorry, filed written statement, admitting the policy and further contending that the accident occurred due to the negligence on the part of the driver of the car. 4. The claimant was examined as PW1 and Exts. A1 to A12 were marked on the side of the claimant. Copy of the policy of the car was marked as Ext.B1. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to the negligence on the part of the second respondent, driver of the car, and awarded a compensation of Rs1,37,000/- with interest at the rate of 6% 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. In this appeal only the first respondent before the Tribunal, owner of the offending car, and third respondent before the Tribunal, insurer of the offending car, were made parties, as the award was passed against respondents 1 to 3 in the O.P. and the third respondent was made liable. 6. Heard the learned counsel for the MACA 1488/04 4 appellant/claimant and learned counsel for the second respondent Insurance Company. 7. 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 in O.P., driver of the offending car, is not challenged in this appeal. Therefore, the only question for consideration is whether the claimant is entitled to any enhanced compensation. 8. The Tribunal awarded a total compensation of Rs.1,37,000/-. The break up of the compensation awarded is as under:- Loss of earnings : Rs.30,000/- Transport to hospital : Rs.2,000/- Medical expenses : Rs.65,000/- Pain and suffering : Rs.20,000/- Loss of earning power and : Rs.20,000/- disfigurement. ------------------ Total : Rs.1,37,000/- ======== 9. The claimant sustained the following injuries, as revealed form Ext.A2 copy of the wound certificate and Ext.A6 discharge card issued from the hospital:- MACA 1488/04 5 “1) Head injury. 2) Fracture femur (L) . 3) Proximal phalanax right thumb fracture 3rd rib (L). 4) Lacerated wound forehead. 5) Multiple injury face Lt. side, anterior chest wall and chest Rt., laterally, multiple bodily injuries. Ext.A7 is the certificate of treatment. Ext.A8 the certificate of disability shows that he has a permanent disability of 10%. Ext.A10 salary certificate shows that he was drawing a salary of Rs.16,281/- per month. Ext.A11 certificate issued from the bank shows that he was given reimbursement of Rs.35,133/- on condition that he has to refund the amount to the bank subsequently. 10. The learned counsel for the appellant mainly sought enhancement of compensation awarded for disability caused and for the loss of earnings. 11. By Ext.A9 the certificate issued from the bank shows that he was on leave from July 29, 1999 to October 3, MACA 1488/04 6 1999 i.e., about 2 ½ months. Therefore, towards loss of earnings the claimant is entitled to Rs.35,000/- as compensation. Thus, on this count the claimant is entitled to an additional compensation of Rs.5,000/-. 12. For the disability caused, loss of earning power and disfigurement, Rs.20,000/- was awarded by the Tribunal, which appears to be very low. Taking into consideration the disability as certified in Ext.8, we feel that a compensation of Rs.35,000/- would be reasonable on this count. 13. There is another aspect. For the loss of amenities and enjoyment of life, no compensation was awarded by the Tribunal. Taking into consideration the nature of injuries sustained, we feel that a compensation of Rs.10,000/- would be reasonable for the loss of amenities and enjoyment of life. As regards compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 14. Therefore, the claimant is entitled to additional MACA 1488/04 7 compensation of Rs.30,000/-. He is entitled to interest @ 9% from the date of petition till realization with proportionate costs. The second respondent, insurer of the offending car, 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 that effect. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn