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 19TH OCTOBER 2010 / 27TH ASWINA 1932 MACA.No. 1435 of 2010() ----------------------- OPMV.504/2003 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): PETITIONER -------------- A.MAHESH,S/O.GOPALAN,AGED 35, RESIDING AT PALLIYODE LAKSHAM VEEDU, THOTTUMMAL P.O. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): RESPONDENTS --------------- 1. P.SANIL KUMAR,S/O.BALAN,AGED 40, M.P HOUSE,KUTHUPARAMBA,AMSOM,AMBILAD DESOM, AMBILAD P.O,KUTHUPARAMA, (OWNER OF KL8H 4044 JEEP) 2. KALLAN ANEESH,S/O.ACHUTHAN,AGED 35, DRIVER,RESIDING AT VADAKKEYIL HOUSE, KUTHUPARAMBA AMSOM,AMBILAD DESOM, AMBILAD P.O,KUTHUPARAMBA. (DRIVER OF KL8H 4044 JEEP) 3. THE UNITED INDIA INSURANCE CO.LTD, BRANCH OFFICE,PALAKKD (POLICE NO.101200/31/02/00425) ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1435 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of October, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.504/2003 on the file of Motor Accidents Claims Tribunal, Thalassery. He sustained the following injuries in a motor accident that occurred on November 4, 2002 : Lacerated wound 15 x 5 x 3 cm. over the lower 1/3 of right leg with compound fracture tibia, lacerated wound 20 x 5 x 3 cm. across the popliteal fossa with muscle and vessel injury, fracture of femur right with massive haematoma right tigh. 2. The accident happened while the claimant was walking along the side of the road, he was knocked down by a jeep bearing Reg.No.KL-B/H 4044 driven by the second respondent. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 8,00,000/-. 3. Respondents 1 and 2, the owner and the rider of the MACA.No.1435/2010 2 offending jeep remained absent before the Tribunal. The third respondent, the insurer of the offending jeep filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A22 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending jeep by second respondent and awarded a compensation of Rs. 3,68,400/- with interest @ 7% per annum from the date of petition till realisation and proportionate cost. 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 second respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is MACA.No.1435/2010 3 entitled to any enhanced compensation. 7. The break up of the compensation awarded is as under : Pain and suffering - Rs. 23,000/- Permanent disability - Rs.1,94,400/- Loss of amenities - Rs. 17,000/- Medical expenses - Rs.1,30,000/- Other eligible counts - Rs. 4,000/- 8. Counsel for the claimant sought enhancement of compensation on various heads. He pointed out that no compensation was awarded for loss of marriage prospects. 9. Taking into consideration the nature of the injury sustained by the claimant, the period of treatment he has undergone and the disability caused, we feel that the compensation awarded by the Tribunal is just and reasonable. But there is another aspect in this case. The claimant was aged 23 at the time of the accident and was unmarried. The injuries caused to the claimant has caused disfigurement to his right leg. Ext.A12 series are his photographs showing the disfigurement. Therefore, towards loss of marriage prospects, we feel that a compensation of Rs. 15,000/- would be reasonable. MACA.No.1435/2010 4 10. There is a delay of 277 days in filing the appeal. The claimant will not be entitled to interest for that period. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 15,000/-. He is entitled to interest @ 7% per annum from the date of petition till realisation and proportionate cost. The claimant will not be entitled to interest for the period of 277 days being the delay caused in filing this appeal. 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.1435/2010 5 MACA.No.1435/2010 6