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 12TH JANUARY 2011 / 22ND POUSHA 1932 MACA.No. 842 of 2006() ---------------------------------- OPMV.408/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): /CLAIMANTS. ------------------------------------------ SIVADASAN, 34 YEARS, S/O.RAMAN, SIVAPRIYA, VADAKKUMBARAM P.O. VALANCHERRY. BY ADV. SRI.PROMY KAPRAKKATT RESPONDENT(S): RESPONDENTS. -------------------------------------------------- 1. ABDUL KAREEM, S/O.MOHAMMED, NEDURAKANDAM, VADAKKUBARAM P.O. VALANCHERRY. 2. M.K.UNNIKRISHNAN, S/O.KUMARAN, MOOTHAN KUNNATH HOUSE, OMACHAPPUZHA, THANALUR PO. 3. UNITED INDIA INSURANCE CO.LTD., THAZHEPPALAM, TIRUR P.O. R3 BY ADV. SMT.DEEPA GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K. BASHEER & P.Q. BARKATH ALI,JJ. ........................................... M.A.C.A.NO.842 OF 2006 ............................................. Dated this the 12th day of January, 2011. J U D G M E N T Barkath Ali, J: Appellant is the claimant in O.P.(MV) No.408/2002 on the file of the Motor Accidents Claims Tribunal, Tirur. In this appeal he challenges the judgment and award of the Tribunal dated January 13, 2006 awarding a compensation of `49,000/= for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on May 9, 2002 at Thangalpadi near Malappuram. While the claimant was travelling in an auto rickshaw bearing Reg.No.KL-10 H/2354, due to the negligence of the driver of the auto rickshaw, it overturned. The claimant sustained the following injuries in the accident :- 1. Lacerated wound on the dorsum of left foot with tendons exposed 2. Loss of skin over dorsum of left foot 3. Fracture of 3rd, 4th and 5th metatarsals (left) 4. Fracture and dislocation of the MP joint of second toe : 2 : M.A.C.A.NO.842 OF 2006 5. Multiple abrasions on both knees. 3. Alleging negligence against the first respondent, driver of the offending auto rickshaw, the claimant filed the original petition before the Tribunal claiming a compensation of Rs.2,00,000/=. Respondents 1 and 2, the driver and owner of the offending auto rickshaw, remained absent before the Tribunal. The 3rd respondent, the insurer of the autorickshaw, in its written statement admitted the policy of the offending vehicle. 4. The claimant was examined as PW1 and Exts.A1 to A9 were marked before the Tribunal. No evidence was adduced by the contesting 3rd respondent. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence on the part of the first respondent and awarded a compensation of `49,000/= with interest @ 6% p.a. from the date of petition till realization and a cost of `500/=. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. : 3 : M.A.C.A.NO.842 OF 2006 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 and that the claimant sustained the above mentioned injuries in the accident are not seriously challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of ` 49,000/=. Break up of the compensation amount awarded is as under:- Transport to hospital : `1,500/= Damage to clothing : `500/= Extra nourishment : `1,000/= Bystander's expenses : ` 2,500/= Medical bills : ` 15,000/= Pain and suffering : ` 12,000/= Loss of earnings : ` 9,000/= Loss of amenities : ` 7,500/= ------------------ Total : ` 49,000/= ======= 8. The learned counsel for the appellant/claimant sought enhancement of compensation for the pain and suffering and also for loss of amenities enjoyed in life. He pointed out that no compensation was awarded for the : 4 : M.A.C.A.NO.842 OF 2006 disability caused. 9. The Tribunal awarded `12,000/= for pain and suffering caused to the claimant which appears to be very low. Taking into account the nature of the injury sustained by the claimant, we feel that a compensation of `15,000/= would be reasonable on this count. Thus on this count he is entitled to an additional compensation of `3,000/=. 10. The Tribunal awarded ` 7,500/= for the loss of amenities and enjoyment in life which appears to be quite inadequate. Having regard to the nature of injuries sustained by the claimant, we feel that a compensation of `10,000/= would be reasonable on this count. 11. No compensation was awarded for the disability caused to the claimant. The nature of the injuries sustained by the claimant shows that he must have suffered some temporary disability for which we feel that a compensation of ` 15,000/= would be reasonable. As regards compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 12. Thus, the claimant is found entitled to an : 5 : M.A.C.A.NO.842 OF 2006 additional compensation of `20,500/=. The Tribunal awarded interest at the rate of 6% per annum which appears to be very low. He is entitled to interest at the rate of 7.5% per annum for the compensation already awarded and for the enhanced compensation. 3rd respondent, 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 with notice to the claimant. The award of the Tribunal is modified to the above extent. The appeal is disposed of as found above. Sd/= A.K. BASHEER, JUDGE. P.Q. BARKATH ALI,JUDGE. cl /true copy/ P.A. to Judge. : 6 : M.A.C.A.NO.842 OF 2006 M.N. KRISHNAN, J. ........................................... M.A.C.A/A.S/C.R.P.NO.OF ............................................. 17th January, 2011. J U D G M E N T/O R D E R