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 13TH OCTOBER 2010 / 21ST ASWINA 1932 MACA.No. 1269 of 2009() ----------------------- OPMV.1205/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONERS ------------------------- 1. ABDU RAHIMAN, AGED 61 YEARS, POKKUNDARIKUZHIYIL HOUSE, CHERUPA POST, KOZHIKODE. 2. PATHAI, AGED 51 YEARS, W/O.ABDU RAHIMAN, POKKUNDARIKUZHIYIL HOUSE, CHERUPA POST, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): RESPONDENTS -------------------------- 1. V.M.MOOSAKOYA, S/O.MOHAMMED, VAISHALAKUNNUMMAL HOUSE, CHERUPPA, MAVOOR, KOZHIKODE. 2. THE NEW INDIA ASSURANCE CO.LTD., VAIKKODU BUILDING, NILAMBUR ROAD, MANJERI. 3. N.C.RASHEED, AMBALAPURAYIL HOUSE, KANNADIKKAL, VENERI POST, KOZHIKODE. 4. THE NATIONAL INSURANCE CO.LTD., NOOR COMPLEX, KOZHIKODE. ADV. SRI.RENIL ANTO KANDAMKULATHY FOR R2 SRI.P.JAYASANKAR FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1269 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2010 JUDGMENT Basheer, J. One Abdul Hameed, who was travelling on a two wheeler as a pillion rider, met with an accident on March 21, 2003, when another two wheeler hit against his two wheeler. He sustained several injuries like fracture of both bones ( left leg) apart from other extensive injuries on his chin resulting in avulsion of six teeth. He was treated in the Medical College Hospital, Calicut and also in the Dental College, Calicut. 2. During the pendency of the claim petition filed by the injured, he committed suicide. According to the appellants, who are the legal heirs of the deceased victim, Abdul Hameed committed suicide because of depression. Exts.A1 to A4 were produced in the case in support of the claim for compensation. The Tribunal after considering the materials available on record, awarded a sum of Rs. 31,500/- making the owners and the two Insurance Companies MACA.No.1269/09 2 equally liable to pay the said sum to the appellants. The Tribunal while considering the documentary evidence on record took note of the injuries sustained by the victim. However, the Tribunal seems to have come to a conclusion that the victim had not undergone any surgery and there was no material to show that he had suffered any disfigurement. 3. Learned counsel for the appellants have made available before us not only the documents produced before the Tribunal, but also the post- mortem certificate and the discharge summary issued from the Medical College Hospital for our perusal. 4. We have heard learned counsel for the two Insurance Companies also. It is apparent that the deceased victim had suffered extensive injuries on his chin. As mentioned earlier, six of his teeth had got avulsed and both bones in his left leg were fractured. The Tribunal has not awarded any compensation under the head of disability obviously for the reason that appellants had not produced any disability certificate. However, a sum of Rs. 15,000/- has been awarded under the head of pain and suffering and Rs. 5,000/- towards MACA.No.1269/09 3 loss of amenities. 5. Having regard to the totality of the facts and circumstances of the case and also having carefully considered the medical records available before us, we are of the view that interest of justice will be met, if a lump sum amount of Rs. 40,000/- is awarded under the head of disability. Similarly, towards loss of amenities, we award an additional sum of Rs. 10,000/-. For pain and suffering, appellants are entitled to get a further sum of Rs. 10,000/-. 6. Thus, the appellants are entitled to get Rs. 60,000/- as enhanced compensation with 7% interest from the date of petition till the date of realisation. The two Insurance Companies namely respondents 2 and 4 shall pay the compensation to the appellants in equal proportion. The appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE MACA.No.1269/09 4 sv. MACA.No.1269/09 5