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 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 MACA.No. 1099 of 2004() ----------------------- OPMV.380/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- RAJEEV, S/O. MADHAVAN, AGED 27 YEARS, THEKKEKATTIL HOUSE, PULLRMANGALAM, PALAPPURAM POST, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.O.P.NANDAKUMAR SRI.V.A.AJAI KUMAR RESPONDENT(S): RESPONDENTS 1 TO 3: ---------------------------------- 1. THE PRESIDENT, THE PALAKKAD DISTRICT AUTORICKSHAW DRIVERS CO-OPERATIVE SOCIETY LIMITED, G.B. ROAD, PALAKKAD. 2. MURUKANANDAN. M., S/O. VISWANATHAN, AGED ABOUT 25 YEARS, MUTTINGAYIL HOUSE, PALAPPURAM POST, OTTAPALAM TALUK, PALAKKAD DISTRICT. 3. THE NATIONAL INSURANCE COMPANY LIMITED, PALAKKAD. ADV. SRI.N.N.ARUN BECHU FOR R1 SRI.SOJAN MICHEAL FOR R1 SRI.E.M.JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1099 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.380/2001 on the file of Motor Accidents Claims Tribunal, Ottapalam. In this appeal, he challenges the judgment and award of the Tribunal dated October 13, 2003 awarding a compensation of Rs.46,500/- 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 April 14, 2000 at about 3.30 P.M. : Pain ( L) forearm, swelling ( L) forearm, abrasion Lt. forearm, abrasion 3 x 3 cm. sized on anterior aspect of ( L) knee. X-ray ( L) elbow with forearm showed fracture both bones of left forearm. 2. The accident happened while the claimant was travelling in an autorickshaw bearing Reg.No.KL 9/F 7266 driven by second respondent from Pallarmangalam side towards Lakkidi Koottupatha side. Due to the negligence of the driver of the autorickshaw, the MACA.No.1099/2004 2 vehicle capsized. The claimant sustained the injuries mentioned above. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 1,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending autorickshaw filed written statements admitting the accident, but denied the liability. The third respondent, the insurer of the offending autorickshaw filed a written statement admitting the policy. 4. Pws 1 and 2 were examined and Exts.A1 to A11 were marked on the side of the claimant before the Tribunal. Exts.B1 and B2 were marked on the side of the contesting respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending autorickshaw by second respondent and awarded a compensation of Rs. 46,500/- with interest @ 9% per annum from the date of petition till realisation and a cost of Rs.750/-. 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 MACA.No.1099/2004 3 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 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 break up of the compensation awarded by the Tribunal is as under : Pain and suffering - Rs. 13,000/- Bystander expenses - Rs. 1,300/- Medical bills - Rs. 15,200/- Loss of income - Rs. 5,000/- Loss of amenities - Rs. 10,000/- Transportation - Rs. 1,000/- Extra nourishment - Rs. 1,000/- 8. Counsel for the claimant sought enhancement of compensation for loss of amenities and enjoyment of life and on other heads. He pointed out that no compensation was awarded by the Tribunal for the disability caused. 9. The claimant produced Ext.A11 certificate of disability issued by the doctor showing that he has suffered a permanent disability of 15%. Therefore, we feel that the claimant is entitled to MACA.No.1099/2004 4 compensation for the disability caused. Taking into account the nature of the disabilities caused to him, we feel that a compensation of Rs. 20,000/- would be reasonable for the disability caused to the claimant. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 10. In the result, the claimant is found entitled to an additional compensation of Rs. 20,000/-. 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.1099/2004 5 MACA.No.1099/2004 6