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 5TH AUGUST 2010 / 14TH SRAVANA 1932 MACA.No. 1074 of 2010() ----------------------- OPMV.1419/2004 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT(S): PETITIONER: ------------------------- K.P.AKBER, AGED 32 YEARS, S/O.MUHAMMED, FURGHAN HOUSE, P.O.PUTHIYANIRATHU, ELATHUR, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): --------------- 1. K.T.MOIDEENKOYA, S/O.MUHAMMED KOYA, K.T.MAHAL, KAYAL VALAPPU, MEENCHANDA, KOZHIKODE. 2. SHALU.V., S/O.CHOYI, KATHIKATHOPPIL PARAMBA, P.O.WEST HILL, KOZHIKODE-5. 3. NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, NOOR COMPLEX, MAVOOR ROAD, CALICUT. ADV. SMT.BINDU GEORGE FOR R1 SRI.RAJAN P.KALIYATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1074 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1419/2004 on the file of II Additional Motor Accidents Claims Tribunal, Kozhikode. He was aged 26 at the time of the accident and was a Collection Executive attached to Airtel Phone Service. He sustained fracture of left lower leg and swelling in a motor accident that occurred on September 26, 2003 at 9 p.m. The accident happened while the motor cycle bearing Reg.No.KL-13-C-4659 ridden by him collided head on with a bus bearing Reg.No.KL-10-C-1909 driven by the second respondent. Alleging negligence against the second respondent and claiming a compensation of Rs. 1,50,000/-, the claimant filed the O.P. before the Tribunal against respondents 1 to 3, the owner, driver and insurer of the offending bus. 2. Respondents 1 and 2, the owner and the driver of the offending bus remained absent before the Tribunal. The third respondent, the insurer of the offending bus filed a written statement admitting the policy and further contended that there was also negligence on the part of the claimant. 3. Exts.A1 to A4 series were marked on the side of the claimant. No evidence was adduced on the side of the contesting third respondent before the Tribunal. On an appreciation of evidence, the Tribunal awarded a compensation of Rs. 36982/- with interest @ 7% 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. 4. Heard the counsel for the appellant/claimant and the counsel for the Insurance Company. 5. 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. 6. The break up of the compensation awarded by the Tribunal is as under : Transport to hospital - Rs. 600/- Extra nourishment - Rs. 500/- Damages to clothing - Rs. 500/- Loss of earnings - Rs.7,500/- Medical expenses - Rs.5,382/- Bystander expenses - Rs.1,500/- Pain and suffering - Rs.18,000/- Loss of amenities in life - Rs. 3,000/- 7. Counsel for the claimant sought enhancement of compensation for the loss of amenities and for pain and suffering endured. He has also disputed the monthly income of the claimant taken by the Tribunal as Rs.2,500/-. According to the claimant, he was a Collection Executive attached to Airtel Phone Service. Taking into consideration the above aspect, we feel that his monthly income can be reasonably fixed at Rs.3,000/-. 8. The Tribunal awarded Rs.7,500/- towards loss of earnings for three months @ Rs.2,500/- per month. As we have fixed the monthly income of the claimant as Rs.3,000/-, he is entitled to a compensation of Rs. 9,000/- on this count. Thus on this count, the claimant is entitled to an additional compensation of Rs. 1,500/-. 9. The Tribunal awarded a compensation of Rs. 18000/- for pain and suffering endured by 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 Rs. 20,000/- would be reasonable on this count. 10. There is another aspect in this case. No compensation was awarded by the Tribunal for loss of amenities and enjoyment in life. Having regard to the nature of the injury sustained, we feel that a compensation of Rs. 10,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 13,500/-. He is entitled to interest @ 7% 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. The sentence “ No compensation was awarded by the Tribunal for loss of amenities and enjoyment in life” occurring in paragraph 10 of the judgment dated 05/08/2010 in M.A.C.A.No.1074/2010 is corrected and substituted with “ The Tribunal awarded a compensation of Rs. 3,000/- for loss of amenities and enjoyment in life.” and the figure “ Rs.13,500/-” occurring in line 2 of paragraph 11 of the judgment is corrected and substituted as “ Rs.10,500/-” as per order dated 22/12/2010 in I.A.3096/2010 in M.A.C.A.No.1074/2010. Sd/- Registrar ( Judicial) A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - I.A.No.3096 OF 2010 IN M.A.C.A.No.1074 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December, 2010 ORDER Barkath Ali, J. Heard. Application allowed. In paragraph 10 of the judgment, the words “no compensation was awarded for loss of amenities and enjoyment in life” is corrected as the “the Tribunal awarded a compensation of Rs.3,000/- for loss of amenities and enjoyment in life”. In paragraph 11, the additional compensation the claimant is entitled to is corrected as Rs. 10,500/-. Registry shall carry out necessary correction. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv.