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 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 MACA.No. 294 of 2005() ---------------------- OPMV.1099/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER ---------------------------------- AJI SCARIA, S/O.SCARIA, AGED 25 YEARS, RESIDING T MADATHIKUDIYIL HOUSE, AYAMKARA, PAINGOTTOOR, KADAVOOR VILLAGE, MUVATTUPUZHA. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SMT.A.S.BEENU SRI.M.V.BIPIN RESPONDENT(S): RESPONDENTS -------------------------- 1. K.S.SOOFI MANJOOR, S/O.MOOSA KUNJI, FRUIT MERCHANT, MAIN ROAD, PUTTUR. 2. FREDIRICK LOBO, S/O.BAPTIST LOBO, ROTARY TOWN, CHIKKAMUDNOOR, PUTTUR. 3. NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, PUTTUR. 4. SHUBHA M. GOWD, D/O.PARAVAHI S.N., SARAKOOTEEL, ISHWARAMANGILA, PUTTUR TALUK, D.K. 5. RAJESH T.K., S/O.T.K.SREEDHARAN, SREEVILLA, PAPANCHERI, KANNOOR. 6. NATIONAL INSURANCE CO.LTD., BRANCH SULLIA. ADV. SRI.E.M.JOSEPH FOR R3 & R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No.294 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of February, 2010 JUDGMENT Barkath Ali, J. The appellant has filed this appeal under Section 173 of Motor Vehicles Act for enhancement of the amount of compensation awarded by the Motor Accidents Claims Tribunal, Muvattupuzha by award dated October 14, 2004 in O.P.(MV)No.1099/2001. 2. The facts in brief are these : The appellant/claimant was aged 21 and was studying in 8th Semester for Civil Engineering. On April 24, 2001 while he was travelling in a jeep bearing Reg.No.KA.12/M-8199 from Koinadu to Kurunji along Sullai- Madikeri state highway, a lorry bearing Reg.No.KA 21/1787 driven by the second respondent came at a high speed and collided head on with the jeep in which the claimant was travelling. The claimant sustained serious injuries on the face. According to the claimant, the accident occurred due to the negligence on the part of the second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending lorry are jointly and MACA.No.294/05 Page numbers severally liable to pay compensation to the claimant. Respondents 4, 5 and 6 are the owner, driver and insurer of the jeep. 3. Only respondents 3 and 6, the insurers of the vehicles involved in the accident, contested the matter. Respondents 1, 2 , 4 and 5 remained absent before the Tribunal. Respondents 3 and 6 filed written statements admitting the policy, but denying the liability. On the side of the claimant, Exts.A1 to A11 were marked. No evidence was adduced by the contesting respondents 3 and 6. 4. On an appreciation of evidence, the Tribunal awarded a compensation of Rs. 37,850/-. Dissatisfied with the quantum of compensation awarded by the Tribunal, the claimant has now come up in appeal. 5. Heard learned counsel for the appellant 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 second respondent, the driver of the offending lorry, is not challenged in this appeal. Therefore, the only question arises for consideration is MACA.No.294/05 Page numbers whether the claimant is entitled to any enhanced compensation ? 7. The claimant sustained the following injuries as revealed from Ext.A4, copy of the wound certificate issued from Colaco Hospital, Mangalore and Ext.A6 discharge summary issued from that hospital : Laceration over the right Maxillary area Laceration of the nose Laceration over the right eye brow Fracture of nasal bones. Fracture of right Maxilla with subconjuctival hemorrhage. He was admitted in the hospital on 22-04-2001 and was discharged on 30-04-2001. Ext.A7 is the disability certificate and Ext.A8 is the report of head scan. Ext.A9 series are the bills. 8. The Tribunal awarded compensation as follows : Transportation charge -Rs. 500/- Extra nourishment -Rs. 500/- Damages to clothing -Rs. 750/- Treatment expenses -Rs. 20,600/- Attendant expenses -Rs. 500/- Pain and suffering -Rs. 10,000/- Loss of amenities -Rs. 5000/- ------------------- Rs. 37, 850/- =========== MACA.No.294/05 Page numbers 9. Counsel for the appellant mainly argued that no compensation was awarded by the Tribunal for the disability caused and for the disfigurement caused and that claimant suffered serious disability due to the injury sustained and also disfigurement on the face. There is no substance in the above contention. No document is produced by the claimant before the Tribunal to show that any disability was caused to the claimant due to the injury sustained. It was also not proved that any disfigurement was caused to the claimant on account of the injury sustained. 10. There is another aspect in the matter. The Tribunal awarded only Rs. 10,000/- for the pain and suffering endured by the claimant. Taking into consideration the nature of the injury sustained, we feel that a compensation of Rs.15,000/- would be reasonable on this count. 11. The Tribunal awarded only Rs. 5000/- for the loss of amenities and enjoyment of life which appears to be very low. The claimant sustained injuries on the face. Therefore, we feel that a compensation of Rs. 10,000/- would be adequate on this count. MACA.No.294/05 Page numbers 12. Towards transport to hospital, only Rs. 500/- was awarded by the Tribunal. The accident occurred in the Karnataka state. Therefore, we feel that a compensation of Rs. 2000/- would be adequate on this count. The compensation awarded under other heads is not questioned before us. 13. In the result, the claimant is entitled to an additional compensation of Rs. 11,500/- with interest @ 9% per annum from the date of petition till realisation and proportionate cost. Third respondent being the insurer of the offending vehicle shall deposit the amount within two months from the date of receipt of a copy of this judgment before the Tribunal with notice to the claimant. The impugned 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.294/05 Page numbers