IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 MACA.No. 2772 of 2008() ----------------------- OPMV.1468/1999 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- JO PAUL.K.P., 36 YEARS, S/O.PAULSON, KANATTU HOUSE, MATTAMMEL JUNCTION, THEVARA. BY ADV. SRI.K.JANARDHANAN SRI.MANURAJ. K.J RESPONDENT(S): RESPONDENTS/RESPONDENTS 1,2 & 3. ----------------------------------------------- 1. M.A.KADARKUNJU, MADASSERI VEEDU, CHOORNIKKARA, THAIKKATTUKARA P.O., ALUVA. 2. KUNJUMON, S/O.HAMEEDU, MADASSERI VEETTIL OPP. TO LAYOLA CHURCH, CHOORNIKKARA, ALUVA WEST. 3. UNITED INDIA INSURANCE CO.LTD, BRANCH ERNAKULAM. ADV. SRI.UNNI. K.K. (EZHUMATTOOR) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2772 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1468/1999 on the file of Addl. Motor Accidents Claims Tribunal, Ernakulam. In this appeal he challenges the judgment and award of the Tribunal dated February 28, 2007 awarding a compensation of Rs.1,06,550/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident that occurred on April 27, 1999 at about 10.30 p.m. : 1. Abrasion on the forehead. 2. Injury 4 x 4 x 2 cms. dorsum of left foot exposing extensive tendons. 3. Type III compound fracture shaft of left femur mid 1/3 and distal 1/3rd with 5 cm. long lacerated wound over anterio-medial aspect 4. Fracture neck of 2nd metatarsal left with dislocation left feet. Interlocking of fracture left femur. K wife fixations foot and bone grafting were done. 2. The accident happened while the claimant was pillion riding on the scooter bearing Reg.No.KL-7/Q 1050 along Ernakulam- MACA.No.2772/2008 2 Matttancherry road. When he reached near Atlantis, he was knocked down by the bus bearing Reg.No.KL-7/D.4410 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. 3,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending bus remained absent before the Tribunal. The third respondent, the insurer of the offending bus filed a written statement admitting the policy. The fourth respondent in the O.P. is the insurer of the motor cycle. 4. Exts.A1 to A7 series 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 bus by second respondent and awarded a compensation of Rs.1,06,550/- with interest @ 9% per annum from the date of petition till realisation. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA.No.2772/2008 3 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 entitled for any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.1,06,550/- .The break up of the compensation amount awarded is as under: Pain and suffering - Rs. 30,000/- Transport to hospital - Rs. 1,000/- Extra nourishment, bystander exp. - Rs. 1,900/- Loss of earnings - Rs. 7,500/- Loss of amenities - Rs. 20,000/- Medical bills - Rs. 46,150/- 8. Counsel for the claimant sought enhancement of compensation for loss of earnings and on other heads. 9. The Tribunal took the monthly income of the claimant as Rs.1,250/- and awarded Rs.7,500/- for loss of earnings for six months. As the claimant was a Salesman in a Jwellery shop, we feel that the MACA.No.2772/2008 4 monthly income of the claimant can be reasonably fixed at Rs. 2,250/-. Therefore, the claimant is entitled to Rs.13,500/- towards loss of earnings for six months. Thus on this count, the claimant is entitled to an additional compensation of Rs.6,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 10. In the result, the claimant is found entitled to an additional compensation of Rs. 6,000/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. 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.2772/2008 5 MACA.No.2772/2008 6