IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 MACA.No. 1244 of 2004() ----------------------- OPMV.828/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- ANNAAMMA W/O. ANTONY, KOOTHAMACKAL HOUSE, PERUVANTHANAM VILLAGE, KANAYANKAVAYAL KARA, KANAYANKAVAYAL P.O. BY ADV. SRI.T.J.MICHEAL SRI.NOORSAMEER RESPONDENT(S): RESPONDENTS -------------------------- 1. P.D.DEVASIA S/O. LUIS, PUNACKAL HOUSE, KANAYANKAVAYAL, MATHAMBA, KANAYANKAVAYAL P.O. 2. BENNY @ SEBASTIAN S/O. DEVASIA PUNNACKAL HOUSE, KOINDU KARA, PERUVANTHANAM VILLAGE. 3. BRANCH MANAGER, NATIONAL INSURANCE CO.LTD., KUMARAN ILLOM GREEN FIELDS, UTTACKAMAND P.O., TAMIL NADU. ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1244 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of September, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.828/1999 on the file of Motor Accidents Claims Tribunal, Thodupuzha. He sustained the following injuries in a motor accident that occurred on March 3, 1999 at about 3.30 p.m. : 1. Lacerated wound 10 cm. long bone deep on the right temporal region. 2. Fracture of pelvis 3. Defused axonal injury 2. The accident happened while the claimant was travelling in a taxi jeep bearing Reg.No.KL 6-A 3294 along K.K. road and reached at Kallar junction, it collied head on with a truck bearing Reg.No.KL 7 G 6453 driven by Benny @ Sebastian, the second respondent, who died in the accident. Alleging negligence against the driver of the jeep , the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 2,00,000/-. MACA.No.1244/2004 2 3. Respondent No.1, the owner of the offending jeep remained absent before the Tribunal. The third respondent, the insurer of the offending jeep filed a written statement contending that the jeep had not been insured with it and that the accident occurred due to the negligence of the driver of the truck. 4. This O.P. was jointly tried along with other O.Ps. filed by the other injured persons and the legal heris of deceased persons and a common award was passed by the Tribunal. Exts.A1 to A14 were marked on the side of the claimants before the Tribunal. On the side of the contesting respondent, Ext.B1 was marked. The Tribunal on an appreciation of evidence awarded a compensation of Rs. 22,300/- 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. 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 driver of the jeep is not challenged in this appeal. Therefore, the only MACA.No.1244/2004 3 question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The break up of the compensation awarded is as under : Transport to hospital - Rs. 800/- Damage to clothes - Rs. 250/- Extra nourishment - Rs. 500/- Bystander expenses - Rs. 750/- Loss of income - Rs.5,000/- Pain and suffering - Rs.15,000/- 8. Counsel for the claimant sought enhancement of compensation for loss of earnings. He pointed out that no compensation was awarded for loss of amenities and enjoyment in life. 9. No compensation is seen awarded for the loss of amenities and enjoyment in life. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 10,000/- would be reasonable for the loss of amenities and enjoyment in life. 10. The Tribunal awarded Rs. 5,000/- towards loss of earnings for four months @ Rs. 1,250/- per month. The claimant is a lady aged 40 at the time of accident. The income taken as Rs. 1250/- per month by the Tribunal appears to be very low. Even as a coolie, she would MACA.No.1244/2004 4 have earned Rs. 100/- per day. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 2,000/-. Thus, towards loss of earnings, the claimant is entitled to a compensation of Rs. 8,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 13,000/-. She 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.1244/2004 5 MACA.No.1244/2004 6