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 2ND JUNE 2010 / 12TH JYAISTHA 1932 MACA.No. 118 of 2004() ------------------------------ OPMV.640/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ------------------------------------- MANOJ K.G., S/O. GOPALAN, C/O. C.L.BABU, ABEY NIVAS, KOLLADU P.O., PANAHIKKADU VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS: RESPONDENTS: --------------------------------------------- 1. IMMANUEL K.MATHEW, S/O. OUSEPH MATHEW, KUMBILUMKAL HOUSE, ELAKKADU P.O., MARANGATTUPALLY, KOTTAYAM. 2. BABY, S/O. KUNJAPPAN, KULATHUVAKKIL HOUSE, ELAKKADU KARA, ELAKKADU VILLAGE, KURAVILANGADU, KOTTAYAM DISTRICT. 3. THE NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE, MUNICIPAL COMPLEX, MAIN ROAD, PALA, KOTTAYAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK A.K. BASHEER & P.Q. BARKATH ALI JJ. --------------------------------------------------- M.A.C.A NO. 118 OF 2004 ---------------------------------- DATED THIS THE 2ND DAY OF JUNE, 2010 JUDGMENT Barkath Ali J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in OP(MV)No. 640/96 on the file of Motor Accidents Claims Tribunal, Kollam challenges the judgment and award of the Tribunal dated 29.1.2003 awarding a compensation of Rs. 18,500/- 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 was aged 19 at the time of accident and used to earn Rs. 3,000/- per annum according to the claimant. On December 7,1995 at about 9.45 a.m., the claimant was travelling in a jeep bearing registration No. KL5C/3425. When he reached at Kuruvilangadu, another jeep bearing registration No. KL5B/2653 driven by the 2nd respondent came at a high speed and hit on the back side of the jeep in which claimant was travelling. Claimant sustained serious injuries. According to the claimant, accident M.A.C.A NO. 118 OF 2004 2 occurred due to rash and negligent driving of the jeep bearing registration number KL5B/2653 by its driver, the 2nd respondent. The 1st respondent as the owner, the 2nd respondent as the driver, the 3rd respondent as the insurer of the offending jeep are jointly and severally liable to pay compensation to the claimant. The claimant claimed a compensation of Rs. 81,400/-. 3. Respondents 1 and 2, the owner and driver of the offending jeep remained absent and were set ex-parte by the Tribunal. The 3rd respondent, insurer of the offending jeep filed written statement admitting the policy but contending that there was also negligence on the part of the driver of the other jeep involved in the accident. 4. Exts. A1 to A10 were marked on the side of the claimant. No evidence was adduced by the contesting 3rd respondent. On an appreciation of evidence, Tribunal awarded a compensation of Rs. 18,500/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the M.A.C.A NO. 118 OF 2004 3 Tribunal. 5. Heard the counsel for the 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 2nd respondent, the driver of the offending jeep is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. Ext.A3, the copy of the wound certificate shows that the claimant has sustained incised wound right leg and suspected fracture. Ext.A7, the medical certificate shows that the claimant has sustained Bimalleolar fracture and was an inpatient for 14 days. Ext.A8 is the outpatient ticket. Before this Court, the counsel for the claimant produced a copy of the discharge card issued by the Medical College Hospital, Kottayam, which shows that the claimant has sustained fracture of medical malleolus right, fracture lower M.A.C.A NO. 118 OF 2004 4 1/3rd of right fibula, fracture cuboids and 5th metatarsal neck right. 8. The Tribunal awarded a compensation of Rs. 18,500/-. The break up of the award amount is as under: Pain and sufferings :Rs 7500/- Loss of earnings :Rs. 3000/- Treatment expenses :Rs. 1500/- Expense for bystander :Rs. 1000/- Transportation :Rs. 500/- Disability caused :Rs. 5000/- --------- Total :Rs. 18,500/- ============ 9. The counsel for the claimant sought enhancement of the compensation for the pain and sufferings endured, loss of amenities and enjoyment of life and on other counts. The copy of the discharge card produced by the Counsel for the claimant shows that claimant has sustained several fractures. Therefore, we feel that a compensation of Rs. 15,000/- would be reasonable for pain and sufferings endured and a compensation of Rs. 5,000/- would be reasonable for loss of amenites and enjoyment of life. As regards the compensation awarded under other heads, we find the same to M.A.C.A NO. 118 OF 2004 5 be reasonable. Therefore, we are not disturbing the same. 10. Thus the claimant is entitled to an additional compensation of Rs. 12,500/-. He is entitled to interest @ 9% per annum from the date of petition till realization and proportionate cost. The 3rd 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 extend. The appeal is disposed of as found above. A.K. BASHEER (JUDGE) P.Q. BARKATH ALI (JUDGE) PKK