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 26TH MAY 2010 / 5TH JYAISHTA 1932 MACA.No. 1636 of 2008() ----------------------- OPMV.819/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): CLAIMANT: ----------------------- P.KANNAN, S/O.PARAMESWARAN MOOTHATHU, AGED 40 YEARS, RESIDING AT 'KOLASSERY', CHILAVANNUR, KOCHI-20. BY ADV. SRI.B.PREMNATH (E) RESPONDENT(S): RESPONDENTS; --------------------------- 1. SHERLY SAJAN ALAPPAT, STARVILLA, TC 1/865 (I), MEDICAL COLLEGE, MOSQUE LANE, THIRUVANANTHAPURAM. 2. SHIBU.S, S/O.SANTHAKUMAR, STARVILLA, TC 1/755, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 3. THE NEW INDIA ASSURANCE COMPANY LTD. K.N.MATHEW BUILDING, BRANCH-1, GA COIL ROAD, TVM. 695001. 4. M.VELUSWAMY, S/O.MUTHUSWAMY, 7/7A, POTANAGARI, METTUR TALUK, SELAM DISTRICT, TAMILNADU. 5. M.APPUSWAMY, S/O.MUTHUSWAMY, POTTANAGARI METTURDAM, SELAM DISTRICT, TAMIL NADU. 6. UNITED INDIA INSURANCE CO. 8/10, SQUARD MARKET, METTUR DAM, PIN 636 401. ADV. SRI.VIJU THOMAS FOR R3 SMT.M.MEENA JOHN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1636 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of May, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.819/2000 of Motor Accidents Claims Tribunal, Ernakulam challenges the judgment and award of the Tribunal dated April 13, 2007 awarding a compensation of Rs. 23,820/- for the loss caused to him on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal in brief are these : The claimant was aged 30 at the time of accident and used to earn Rs.4,000/- per month as a professional Kathakali artist, according to the claimant. On January 2, 1999 at about 6.00 a.m., he was travelling in an Ambassador car bearing Reg.No.KL-01/L-9207 driven by the second respondent. When they reached at Muthoor, Thiruvalla on the M.C. Road, the car dashed against the back side of a lorry bearing Reg.No.TN-27-3399 which was parked on the western side of the road. MACA.No.1636/2008 2 The claimant as well as another passenger sustained serious injuries. According to the claimant, accident occurred due to the rash and negligent driving of the offending car by second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending car are jointly and severally liable to pay compensation to the claimant. Respondents 4 to 6 are the owner, driver and insurer of the lorry. Claimant claimed a compensation of Rs. 3,63,000/-. 3. Respondents 3 and 6, the insurers of the vehicles filed separate written statements admitting the policy and attributing negligence to the driver of the other vehicle. Other respondents remained absent and were set ex-parte by the Tribunal. 4. This O.P. was jointly tried along with O.P.No.3397/199 filed by another passenger who sustained injuries. The claimants in both the cases were examined as Pws 1 and 2 and Exts.A1 to 21 were marked on their side. No evidence was adduced by contesting respondents 3 and 6. The Tribunal on an appreciation of evidence awarded a compensation of Rs. 23,820/- with interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. MACA.No.1636/2008 3 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. 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 claimant sustained the following injuries as revealed from Ext.A5, the copy of the wound certificate and Ext.A16 discharge card issued from the Medical College Hospital, Kottayam. He had injury on the eyelid upper left, splitting the eye lid. It was sutured by the Opthalmologist. He had extensor tendon injury on the right middle finger and fracture dislocation of left little finger. He underwent immediate tracheostomy. 8. The Tribunal awarded a total compensation of Rs.23,820/-. The break up of the compensation awarded is as under : MACA.No.1636/2008 4 Medical expenses - Rs. 1,820/- Transportation, damage to clothes, extra nourishment & attendant expenses ( 1,000/-, 250/-, 1250/- & 1500/- respectively) - Rs. 4,000/- Shock, pain and suffering - Rs.10,000/- Loss of earning for one month - Rs. 5,000/- Loss of amenities and convenience - Rs. 3,000/- --------------- Total - Rs. 23,820/- ========= 9. Counsel for the claimant sought enhancement of the compensation for the loss of amenities and pain and suffering endured and for loss of earning. 10. The Tribunal awarded Rs.3,000/- for loss of amenities and convenience. Taking into consideration the nature of the injury sustained, we feel that a compensation of Rs. 15,000/- would be reasonable on this count. 11. For the shock, pain and suffering endured, the Tribunal awarded Rs. 10,000/- which appears to be very low. Having regard to the nature of the injury sustained, we feel that a compensation of MACA.No.1636/2008 5 Rs. 20,000/- would be reasonable on this count. 12. The Tribunal awarded Rs. 5,000/- for loss of earning for one month which appears to be very low. The nature of the injury sustained by the claimant shows that he must have been disabled atleast for two months. Therefore, towards loss of earning, we feel that a compensation of Rs. 10,000/- would be reasonable. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. In the result, the claimant is found entitled to an additional compensation of Rs. 27,000/-. He is entitled to interest @ 7.5% 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.1636/2008 6 MACA.No.1636/2008 7