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 9TH APRIL 2010 / 19TH CHAITHRA 1932 MACA.No. 9 of 2008() -------------------- OPMV.3513/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER: --------------------------------------- SHAIJAN, S/O PRABHAKARAN, ELINJELY HOUSE, ANANDAPURAM, THRISSUR DISTRICT. BY ADV. SRI.DILIP J. AKKARA RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. PAREED, S/O BAVAKUNJU, ANJIKKATTU HOUSE, CHELAMATTOMKARA DESOM, OKKAL VILLAGE, PERUMBAVOOR, ERNAKULAM. 2. K.M.MOIDEEN, KUPPLYAN HOUSE, CHELAMATTOM, OKKAL P.O., ERNAKULAM. 3. THE BRANCH MANAGER, NEW INDIA ASSURANCE CO. LTD., PERUMBAVOOR P.O. R3 BY ADV.SRI.RAJAN P.KALIYATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 9 of 2008 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 9th day of April, 2008 JUDGMENT Barkath Ali, J: In this appeal under section 173 of the Motor Vehicles Act claimant in O.P.(MV) No.3513 of 2001 of the Motor Accidents Claims Tribunal, Thrissur challenges the judgment and award of the Tribunal dated July 12, 2006 awarding a compensation of Rs.35,400/- for the loss caused to the claimant, on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal, in brief, are these:- The claimant is a coolie, aged 24 at the time of the accident and used to earn 4,000/- per month, according to him. On April 5, 2001 while he was cycling along Irrigation Canal Bridge at Nellai, a tempo van bearing registration No. KL-7- T 7896 came at a high speed and knocked him down. The claimant sustained very serious injuries. According to the claimant, the accident occurred due to the rash and MACA 9/2008 2 negligent driving of the offending tempo van by the first respondent. The first respondent as the driver, the second respondent as the owner and third respondent as the insurer of the offending tempo van are jointly and severely liable to pay the compensation to the claimant. The claimant claimed compensation of Rs.1,25,000/- 3. Respondents 1 and 2, the driver and owner of the offending vehicle remained absent and were set ex parte by the Tribunal. The third respondent, insurer of the offending vehicle, filed a written statement, admitting the policy. 4. Exts. A1 to A9 were marked on the side of the claimant. Exts.B1 to B3 were marked on the side of the contesting third respondent. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs.35,400/- with interest at the rate of 7% p.a. from the date of petition till realization with proportionate cost. The claimant has come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and MACA 9/2008 3 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 first respondent is not challenged in this appeal. Therefore, the only question for consideration is whether the claimant is entitled to any enhanced compensation. 7. The claimant sustained the following injuries, as revealed from Ext.A3 copy of the wound certificate :- 1) Fracture shaft of right femur. 2) Superficial injuries frontal region. 3) Incised wound 1 x 5 c.m. 8. The Tribunal awarded a total compensation of Rs.35,400/-. Break up of the compensation awarded is as under:- Loss of earning : Rs.Rs.6,000/- Transportation : Rs.500/- Extra nourishment : Rs.500/- Damage to clothing : Rs.500/- Treatment expenses : Rs.900/- By-stander’s expenses : Rs.2,000/- Pain and sufferings : Rs.10,000/- MACA 9/2008 4 Discomfiture : Rs.8,000/- Loss of amenities : Rs.7,000/- and enjoyment of life. ------------------ Total : Rs.35,400/- ======= 9. The learned counsel for the appellant has mainly sought enhancement of compensation for the loss of amenities and enjoyment in life and for discomfiture. Ext.A6 certificate shows that the claimant has suffered shortening of right lower limb and limitation of joints movements at the right knee. Taking into consideration all these aspects for the disability caused, we feel that a compensation of Rs.12,000/- would be reasonable. Thus, on this count the claimant is entitled to an additional compensation of Rsw.4,000/-. 10. The Tribunal awarded Rs7,000/- for the loss of amenities and enjoyment in life. Having regard to the fact that the claimant has suffered shortening of right lower limb, we feel that a compensation of Rs.15,000/- would be reasonable on this count. Therefore, towards loss of MACA 9/2008 5 amenities and enjoyment of life, the claimant is entitled to an additional compensation of Rs.8,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 11. In the result, the claimant is entitled to an additional compensation of Rs.12,000/- . He is entitled to interest @ 9% from the date of petition till realization and proportionate cost. The third respondent, being the insurer of the offending tempo van 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 MACA 9/2008 6