IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 MACA.NO. 27 OF 2005() --------------------------------- OPMV.261/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/APPLICANT: ----------------------------------- AYYAPPAN PILLAI, SON OF GOPALA PILLAI T.C.28/2835, KUNNUMPURAM, KUTHIRAVATTOM LANE, THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI RESPONDENTS/ RESPONDENTS ---------------------------------------------- 1. THE GENERAL MANAGER, K.S.R.T.C., THIRUVANANTHAPURAM. 2. SUBASH MOHANLAL, PLAMOOTTIL VEEDU, EAST KALLADA VILLAGE, KOLLAM DISTRICT. ADV. SRI. SAJEEVKUMAR K.GOPAL, SC, KSRTC FOR R1 SHRI.JOHNSON P. JOHN, SC, KSRTC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. No. 27 OF 2005 --------------------------------------- DATED THIS THE 31st DAY OF MARCH, 2011 J U D G M E N T Barkath Ali, J. Appellant is the claimant in O.P.(MV)No. 261/1999 on the file of Motor Accidents Claims Tribunal, Thiruvananthapuram. In this appeal, he challenges the judgment and award of the Tribunal dated January 13, 2004 awarding a compensation of ` 22,250/- to the claimant for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on July 8,1998 at about 2.30 p.m. While the claimant was travelling in a K.S.R.T.C bus bearing registration No. KL-15/3334, it collided head on with a lorry bearing registration No. TAN 4479 at Vazhanikadavu. The claimant sustained serious injuries. Alleging negligence against the 2nd respondent, the driver of the offending K.S.R.T.C bus, the claimant filed the O.P. before the Tribunal under Section 166 of the Motor Vehicles Act claiming a compensation of ` 3,44,500/-. 3. The 1st respondent, the General Manager of K.S.R.T.C filed a written statement admitting the accident but denying the liability. The 2nd respondent, the driver of the offending bus at the time of accident remained absent before the Tribunal. M.A.C.A. No. 27 OF 2005 2 PW1 and PW2 were examined on the side of the claimant. No evidence was adduced on the side of the respondents before the Tribunal. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence of the 2nd respondent and awarded a compensation of ` 22,250/- with interest at the rate of 9% per annum from the date of petition till realization and proportionate cost. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the claimant and the Standing Counsel for the K.S.R.T.C. 5. 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 is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation? 6. The claimant sustained the following injuries in the accident: “1. Injury to the left lower jaw 2. Left lower incisors were shaken and he has lost the left premolar; and 3. He has lost 5 of his teeth.” M.A.C.A. No. 27 OF 2005 3 7. The Tribunal awarded a total compensation of ` 22,250/-. The break up of the compensation amount awarded is as under: Loss of earnings : ` 1500/- Medical and incidental : ` 1000/- expenses Transportation expenses : ` 500/- Damage to clothing : ` 250/- Extra nourishment : ` 1000/- Pain and suffering : ` 8000/- Loss of amenities : `10000/- ---------------- Total : ` 22,250/- ======= 8. The counsel for the claimant sought enhancement of the compensation for pain and suffering endured, for loss of amenities and enjoyment in life and on other heads. 9. The Tribunal awarded ` 8,000/- for pain and suffering endured by the claimant. Taking into consideration the nature of injuries sustained by the claimant, we feel that an additional compensation of ` 7,000/- would be reasonable on this count. 10. The Tribunal awarded ` 10,000/- for loss of amenities and enjoyment of life. The claimant has lost five of his teeth. Therefore, we feel that a compensation of ` 15,000/- would be reasonable on this count. Thus, the claimant is entitled to an M.A.C.A. No. 27 OF 2005 4 additional compensation of ` 5,000/- on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. Thus, the appellant/claimant is found entitled to an additional compensation of ` 12,000/-. He is entitled to interest at the rate of 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 extent. The Appeal is disposed of as found above. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE PKK