IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 MACA.No. 1630 of 2005(A) ------------------------ OPMV.212/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/PETITIONER ----------------------- ANTONY, AGED 57 YEARS, S/O.MICHAEL, KUNNEL, WARD NO.V., MARARIKULAM PANCHAYAT. BY ADV. SRI.BEPIN VIJAYAN RESPONDENTS/RESPONDENTS --------------- 1. VENUGOPAL, S/O.BALALKRISHNAN, MAILANTHARAYIL, EAST OF RAMAVARMA JN, WARD NO.VII, ARYAD PANCHAYAT, AVALOOKUNNU P.O., ALAPPUZHA. 2. JOHNY, S/O.PETER, PUTHENPURACKAL VEETIL, NORTH EAST OF KORTHASSERY TEMPLE, WARD NO.IV, MARARIKULAM SOUTH PANCHAYAT, POLLATHAI P.O. 3. THE UNITED INDIA INSURANCE CO.LTD., MULLACKAL, ALAPPUZHA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1630 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.212/1998 on the file of Motor Accidents Claims Tribunal, Alappuzha. In this appeal he challenges the judgment and award of the Tribunal dated March 31, 2003 awarding a compensation of Rs.13,200/- 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 June 22, 1997 at about 6.30 p.m. : Contused abrasion left shoulder and he had medial collateral ligament and anterior cruciate ligament injury. 2. The accident happened while the claimant was walking along Kalavoor-Kattoor road. When he reached the west of Leprosy Junction, he was knocked down by a scooter ridden by the second respondent. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor MACA.No.1630/2005 2 Vehicles Act claiming a compensation of Rs. 1,00,500/-. 3. Respondents 1 and 2, the owner and the rider of the offending scooter remained absent before the Tribunal. The third respondent, the insurer of the offending scooter filed a written statement admitting the policy. 4. This O.P. was jointly tried along with the other O.P. filed by the person who was also walking along with the claimant and a common award was passed by the Tribunal. Pws 1 to 3 Exts.A1 to A13 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 riding of the offending scooter by second respondent and awarded a compensation of Rs. 13,200/- with interest @ 9% per annum from the date of petition till realisation and a cost of Rs.500/-. 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. MACA.No.1630/2005 3 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the second 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. 7. The Tribunal awarded a total compensation of Rs.13,200/-. The break up of the compensation amount awarded is as under: Disability - Rs. 7,500/- Pain and suffering - Rs. 3,000/- Medical expenses - Rs. 700/- Damage to clothing, Bystander expenses, Extra nourishment & Transport to hospital - Rs. 2,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused. 9. The Tribunal awarded Rs. 7,500/- for the disability caused to the claimant which appears to be very low. Ext.A12, the certificate of disability issued by PW3 shows that the claimant has now the following disabilities : Walking with limb, difficulty to do his routine activities and flexion of left knee, relative wasting and weakness MACA.No.1630/2005 4 of left leg and foot. 10. 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. 25,000/- would be reasonable for the disability caused. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 25,000/-. 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.1630/2005 5 MACA.No.1630/2005 6