IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 MACA.No. 65 of 2009() --------------------- OPMV.171/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANTS/ RESPONDENTS 1 AND 2 --------------------------------- 1. A. JOSEPH JOSEPH, S/O. CHACKO JOSEPH, ALIKKARA KUNNEL VEEDU, THELLAKAM.P.O, KOTTAYAM DISTRICT. 2. BINU JOSE, S/O. A.J. JOSE, ALIKKARA KUNNEL VEEDU, THELLAKAM.P.O, KOTTAYAM DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENT(S): CLAIMANT ----------------------- SAHADEVAN.K, AGED 45 YEARS, KAILASA MANGALAM VEEDU, ULLANNOOR, MEZHUVELI, PATHANAMTHITTA. ADV. SRI.A.N.RAJAN BABU FOR R1 ADV.SRI.K. GOPALAKRISHNAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR CONSIDERATION ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.65 OF 2009 ............................................. Dated this the 4th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Pathanamthitta in O.P.(MV)No.171/2001. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.92,900/= and exonerated the insurance company from the liability. Challenging that, both the driver and the owner have come up in appeal before this Court. 2. The insurance company was exonerated from the liability on the ground that there was no valid policy issued to the vehicle on the date of the accident. The learned counsel for the appellant is not able to substantiate before me regarding the existence of a valid policy and therefore, the finding of exoneration of the insurance company from the liability cannot be found fault with. 3. The next question is regarding the quantum. I had perused the award and it is seen that the claimant has suffered fracture of both bones of the leg with 7% disability. : 2 : M.A.C.A.No.65 OF 2009 He was initially treated in NSS Medical Mission at Pandalam and was referred to the Medical College Hospital, Kottayam and the treatment continued for a considerable length of time. 4. I find that the Tribunal has been really very generous in granting compensation. I feel that some reduction is necessary on two heads that is pain and sufferings as well as loss of amenities. So far as loss of amenities is concerned, it is also a head on which compensation is to be awarded. When the entire disability is accepted and amount is granted for permanent disability, only a nominal amount need be granted towards loss of amenities and enjoyment in life, so that overlapping of compensation could be avoided as laid down by a Full Bench of this Court. The compensation generally awarded in these type of cases also has to be taken note of and therefore, I reduce the compensation for pain and sufferings by Rs.2,000/= and loss of amenities to Rs.5,000/= whereby the compensation is fixed at Rs.85,900/= in stead of Rs.92,900/=. : 3 : M.A.C.A.No.65 OF 2009 In the result, the MACA is partly allowed and the award is modified in favour of the claimant for a sum of Rs.85,900/= with 7.5% interest from the date of the petition, 24.2.2001, till realisation and a proportionate cost of Rs.3,000/=. Respondents 1 and 2 are directed to make the payment as early as possible. Exoneration of the insurance company from the liability is sustained. Coercive steps need be taken, if the amount is not paid on or before 31.12.2009. M.N. KRISHNAN, JUDGE cl