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 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 MACA.No. 824 of 2009() ---------------------- OPMV.1310/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER -------------- BAIJU, S/O BALAN T.P., AGED 24 YEARS RESIDING AT NEDUMULLASSERY HOUSE KAKKOOR POST, CHELANNUR KOZHIKODE BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.PRAISHEEL PRAKASAM RESPONDENTS/RESPONDENTS --------------- 1. P.K.RAJEEVAN, S/O ACHUTHAN NAIR AGED 24 YEARS RESIDING AT PULIYERIKANDIYIL HOUSE IRUVALLUR POST KOZHIKODE 2. THE NEW INDIA ASSURANCE CO. LTD BRANCH OFFICE CHEROOTY ROAD KOZHIKODE ADV. SMT.M.HEMALATHA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.824 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of December, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1310/2002 on the file of Principal Motor Accidents Claims Tribunal, Kozhikode. In this appeal he challenges the judgment and award of the Tribunal dated November 1, 2006 awarding a compensation of Rs.29,650/- 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 January 22, 2002 at about 9.p.m.: 1. Fracture of right parietal bone. 2. 7 mm. extradural haematoma in the left high parietal region. 2. The accident happened while the claimant was travelling in the jeep bearing Reg.No.KRP 4431 from Perumpoyil to 8/2 and reached at ¾ Chelannur, another jeep bearing Reg.No.KL-10-A-2098 came at a high speed from the opposite side and dashed against the jeep in which the claimant was travelling . Alleging negligence against the driver of the jeep bearing Reg.No. KL-10-A-2098, the claimant filed the O.P. before the Tribunal under Section 166 of Motor MACA.No.824/2009 2 Vehicles Act claiming a compensation of Rs. 2,00,000/-. 3. Respondent No. 1, the owner of the offending jeep remained absent before the Tribunal. The second respondent, the insurer of the offending jeep filed a written statement admitting the policy. 4. Exts.A1 to A11 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 jeep by its driver and awarded a compensation of Rs. 29,650/- with interest @ 6% per annum from the date of petition till realisation and proportionate cost. 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 driver of the jeep bearing Reg.No. KL-10-A-2098 is not challenged in this appeal. Therefore, the only question which arises for MACA.No.824/2009 3 consideration is whether the claimant is entitled to any enhanced compensation. 7. The break up of the compensation awarded by the Tribunal is as under : Loss of income - Rs. 2,400/- Medical treatment - Rs.10,000/- Hospitalisation - Rs. 1,000/- Incidental charges - Rs. 500/- Transportation - Rs. 500/- Damage to clothing - Rs. 250/- Pain and suffering - Rs.12,000/- Loss of amenities - Rs. 3,000/- 8. Counsel for the claimant sought enhancement of compensation for the pain and suffering endured, for loss of amenities and enjoyment in life and on other heads. He has also pointed out that no compensation was awarded by the Tribunal for the disability caused. 9. The Tribunal awarded a compensation of Rs. 12,000/- for pain and suffering endured which appears to be very low. Taking into account the nature of the injury sustained by him, we feel that a compensation of Rs.15,000/- would be reasonable on this count. 10. A compensation of Rs.3,000/- was awarded by the Tribunal for loss of amenities and enjoyment in life which in our view MACA.No.824/2009 4 is quite inadequate. Having regard to the nature of the injury sustained by the claimant, we feel that a compensation of Rs. 15,000/- would be reasonable on this count. 11. The Tribunal did not award any compensation for the disability caused. Ext.C1, the certificate of disability issued by the Medical Board attached to Medical College Hospital, Calicut, shows that claimant has not suffered any occupational disability. Therefore, the Tribunal is perfectly justified in not awarding any compensation for the alleged disability caused. 12. The Tribunal awarded a compensation of Rs. 2,400/- for loss of earnings for two months @ Rs.1,200/- per month. The claimant was aged 24 at the time of the accident. Therefore, we feel that his monthly income can be reasonably fixed at Rs.2,500/-. The nature of the injury sustained by the claimant shows that he must have been disabled for three months for which he is entitled to a compensation of Rs. 7,500/-.As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 13. There is another aspect in this case. The Tribunal awarded MACA.No.824/2009 5 interest only @ 6% per annum which appears to be very low. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. 14. In the result, the claimant is found entitled to an additional compensation of Rs. 20,100/- with interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation and proportionate cost. The second 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.824/2009 6