IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 MACA.No. 817 of 2005() ----------------------------- OPMV.657/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/PETITIONER ----------------------------- V.JAYALEKSHMY, W/O.K.V.RAJAN, KOYIKAL, NEERAZHI LANE, ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SERGI JOSEPH THOMAS RESPONDENT(S):RESPONDENTS -------------------------------------- 1. BAHULEYAN PILLAI, S/O.SADASIVAN PILLAI, T.C.NO. 20/88 (1), MUDIYOOR HOME, MELARANNOOR, THYCAUD VILLAGE, THIRUVANANTHAPURAM. 2. SURESH KUMAR @ CHAPPILE KUMAR, S/O.KUNJUKRISHNA PILLAI, ARAPPURAVILA HOUSE, MELARANNOOR, THYCAUD VILLAGE, THIRUVANANTHAPURAM. 3. M/S.THE NEW INDIA ASSURANCE COMPANY LTD., DIVISIONAL OFFICE, 2ND FLOOR, KOTTARATHIL BUILDING ANNEXE, PALAYAM, THIRUVANANTHAPURAM. R3 BY ADV. SRI.P.JAYASANKAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 817 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 5th day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.657 of 1998 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram. In this appeal she challenges the judgment and award of the Tribunal dated April 5, 2004 awarding a compensation of Rs.23,155/- for the loss caused to her on account of the injuries sustained by her in a motor accident. 2. The claimant sustained multiple abrasions over the dorsum of the right foot and sprain on the right foot. The accident happened on March 26, 1997 at about 5 p.m. While the claimant was standing at Statute Junction along East Fort – Palayam public road, she was knocked down by an auto-rickshaw bearing registration No.KEV 9748 driven by the 2nd respondent, as a result of which she sustained MACA 817/2005 2 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.1,00,000/-. 3. The 1st respondent owner of the auto-rickshaw filed a written statement admitting the accident but denied the liability. The 2nd respondent driver of the offending auto- rickshaw remained absent before the Tribunal. The 3rd respondent insurer of the offending auto-rickshaw filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A17 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 of the 2nd respondent driver of the offending auto-rickshaw and awarded a compensation of Rs.23,155/- with interest @ 9% 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. MACA 817/2005 3 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 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.23,155/-. Break up of the compensation awarded is as under:- Loss of earning : Rs. 9,155 Medical and incidental : Rs. 1,000 expenses. Transport to hospital : Rs. 500 Damage to clothing : Rs. 250 Extra nourishment : Rs. 250 Pain and suffering : Rs. 7,000 Loss of amenities : Rs. 5,000 and inconvenience. ------------------ Total : Rs.23,155 ======= 8. The learned counsel for the appellant/claimant MACA 817/2005 4 sought enhancement of compensation awarded for the disability caused and on other heads. 9. The Tribunal awarded Rs.7,000/- for pain and suffering endured and Rs.5,000/- for loss of amenities and enjoyment in life, which appear to be very low. Taking into consideration the nature of the injuries sustained by the claimant, we feel hat a compensation of Rs.20,000/- for pain and suffering endured and another Rs.15,000/- for loss of amenities and enjoyment in life would be reasonable. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 10. The counsel for appellant argued that the claimant developed 'horn cell' disease due to the injuries sustained in the accident, that she is now completely laid up and that compensation ought to have been awarded by the Tribunal for the same. We are unable to agree. There are no documents to show that the said disease developed due to the injuries sustained in the accident. Therefore in our view MACA 817/2005 5 the Tribunal is justified in rejecting the above claim of the appellant. 11. In the result, the claimant is found entitled to an additional compensation of Rs.23,000/- with interest @ 7.5% per annum from the date of petition till realization. The 3rd respondent 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