IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 MACA.No. 1701 of 2007 ------------------------------- OPMV.197/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/APPLICANT: PURUSHOTHAMAN, 120/BLOCK NO.5, VRINDAVAN COLONY, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SHAJIN S.HAMEED RESPONDENTS/RESPONDENTS: 1. OMANAKUTTAN PILLAI, SURESH BHAVAN, KULANGARA BHAGOM, CHAVARA POST, KOLLAM. (REGD. OWER OF MARUTHI ZEN CAR, REG.NO.KL-2/K-5271). 2. SURESH KUMAR -DO- -DO-. (DRIVER OF MARUTHI ZEN MDL 6489/95 VALID UPTO 5.7.15). 3. THE MANAGER,NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, PARAMESWARAN PILLAI LANE, HOSPITAL ROAD, KOLLAM. (POLICY NO.570500/2000/6116854 VALID FROM 15-12-00 TO 14-12-01). BY ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.Basheer & P.Q.Barkath Ali, JJ. --------------------------------------------------- M.A.C.A.No.1701 of 2007 --------------------------------------------------- JUDGMENT Basheer, J. Appellant, who allegedly sustained certain injuries in a road traffic accident, instituted a petition seeking compensation under Section 166 of the Motor Vehicles Act against the respondents herein. The Insurance Company, which alone contested the case, admitted that the offending vehicle was covered under a valid insurance policy issued by it. But, it was contended that the claimant had also contributed to the accident by being negligent while driving his own vehicle. 2. The Tribunal, after considering the documentary evidence adduced by the appellant, which comprised of Exhibits A1 to A8, awarded a sum of `.61,250/- towards compensation and directed the Insurance Company to pay the same with 7.5% interest. The said award is impugned in this appeal primarily on the ground that the amount of compensation awarded is too inadequate and meagre. 3. It may, at once, be noticed that the appellant did not bother to adduce any oral evidence before the Tribunal. It is also conceded that he did not produce the original medical bills before the MACA 1701/07 2 Tribunal. He had produced only the treatment certificate, marked in the case as Exhibit A1, apart from the wound certificate, marked as Exhibit A8. In other words, appellant did not produce any other medical records to show the gravity of the alleged injuries sustained by him. It is not stated that the injuries had resulted in any kind of infirmity or disability. It may be true that the appellant sustained multiple rib fractures, haemothorax and fracture of medial malleolous. It is revealed that he was treated as an inpatient in the hospital for two weeks. But, as has been mentioned earlier, he did not produce any medical records in support of his case that he had spent huge amount for his treatment or that the nature of the injuries was such that it had resulted in some disability. 4. We have carefully perused Exhibit A8 wound certificate, a copy of which has been made available before us. This document, of course, shows that appellant had sustained some injuries on his ribs and there was bleeding inside the chest cavity. The Tribunal has awarded a sum of `.35,000/- under the head of “inconvenience”, keeping in view the above injuries and the inconvenience caused to him. In the nature of the injuries sustained by him, we are satisfied that the appellant can be awarded a further sum of `.40,000/- as lumpsum compensation in addition to `.35,000/- awarded by the MACA 1701/07 3 Tribunal. But the Tribunal has not awarded any amount for loss of amenities. In our view, interest of justice will be met if the appellant is awarded a sum of `.15,000/- under this head. We do so. Thus, the appellant is entitled to get a total sum of `.55,000/- as enhanced compensation. 5. However, the appellant shall not be entitled to get interest for the period of delay of 445 days in filing the appeal. Appeal is disposed of in the above terms. 29th March, 2011 (A.K.Basheer, Judge) (P.Q.Barkath Ali, Judge) tkv