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 7TH FEBRUARY 2011 / 18TH MAGHA 1932 MACA.No. 1805 of 2005() ----------------------- OPMV.676/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER ----------------------------------- JACOB, AGED 60 YEARS, S/O.LATE DOMINIC, VETTIKATT HOUSE, POST MATTILAYAM, NIRAVILPUZHA, MANNANTHAVADY TALUK. BY ADV. SRI.N.J.ANTONY RESPONDENT(S): RESPONDENTS -------------------------- 1. M.RAVEENDRAN, AGED 34 YEARS, S/O.KRISHNAN KUMARAN, EDAKKAD AMSOM, KIDANNA, KANNUR AR CAMP, HC 3156(DRIVER OF THE CAR NO.KLQ 9549) 2. ALEXANDER JACOB, IPS, T.C.26/541, ADHYAPAKA BHAVAN LANE, SECRETARIAT, WARD, THIRUVANANTHAPURAM (OWNER OF THE CAR NO.KLQ 9549) 3. THE NEW INDIA ASSURANCE CO LTD., KALPETTA. (LOCAL BRANCH OF THE INSURER, K.N.MATHAI, BUILDINGS, PULIMOOD, THIRUVANANTHAPURAM) ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1805 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.676/1996 on the file of Motor Accidents Claims Tribunal, Wayanad. In this appeal, he challenges the judgment and award of the Tribunal dated December 12, 2002 awarding a compensation of Rs.25,250/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained linear fracture of left temporal bone and other injuries in that accident that occurred on June 26, 1996 at about 9.30. a.m. 2. The accident happened while the claimant was walking along the side of the road at Thaliparamba, he was knocked down by the car bearing Reg.No.KLO 9549 driven by the first respondent. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166 (1) (a) of Motor Vehicles Act claiming a compensation of Rs. 1,50,000/-. 3. Respondents 1 and 2, the driver and the owner of the MACA.No.1805/2005 2 offending car filed a joint written statement admitting the accident, but attributed negligence to the claimant. The third respondent, the insurer of the offending car filed a written statement admitting the policy. 4. PWs 1 and 2 were examined and Exts.A1 to A6 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending car by first respondent and awarded a compensation of Rs. 25,250/- 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. 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 first respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. MACA.No.1805/2005 3 7. The Tribunal awarded a total compensation of Rs.25,250/-. The break up of the compensation amount awarded is as under: Loss of earnings - Rs. 5,000/- Transport to hospital - Rs. 2,000/- Extra nourishment - Rs. 500/- Damage to clothing - Rs. 250/- Bystander expenses - Rs. 1,500/- Pain and suffering - Rs. 8,000/- Disability - Rs. 8,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused. 9. The claimant sustained the following injuries as revealed from Ext.A3 copy of wound certificate and Ext.A5, the certificate of disability and Ext.A6 the scan report : 1. Linear fracture of left temporal bone with blood in mastoid aircells. 2. Head injury with brain oedema. 3. Non haemorhagic contusion left occipital lobe. 4. Subarachnoid haemorhage. 10. Ext.A5 certificate of disability shows that claimant has now recurrent attacks of fits, vertigo confabulation, behavioural abnormalities and defective hearing. His disability was assessed as 30% which appears reasonable. The claimant was aged 60 at the time of MACA.No.1805/2005 4 accident and was an agriculturist and businessman earning Rs.3,000/- per month, according to him. The Tribunal took his monthly income as Rs.2,500/- and awarded Rs.8,000/- for the disability caused which appears to be very low. Taking into consideration the nature of the injury sustained by the claimant and the disability caused to him, we feel that an additional compensation of Rs. 20,000/- would be reasonable for the disability caused. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 20,000/-. 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.1805/2005 5 MACA.No.1805/2005 6