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 9TH JUNE 2010 / 19TH JYAISTHA 1932 MACA.No. 2836 of 2009() ----------------------- OPMV.442/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): PETITIONER ------------------------ RIYAS,AGED 18 YEARS, S/O.LATE JABBAR,P.V.HOUSE,KARTIKULAM.P.O, MANANTHAVADY TALUK,WYNAD DISTRICT. BY ADV. SRI.N.J.ANTONY RESPONDENT(S): (RESPONDENTS) ---------------------------- 1. ABDUL ASHRAF,AGED 21 YEARS, S/O.ABDULLA,KEEPURATHU HOUSE,PORUNANNUR, KELLOOR 5TH MILE,MANANTHAVADY TAIL, WAYANAD DISTRICT. (DRIVER OF THE MOTOR CYCLE NO.CKK/6849,D.L.NOT KNOWN.) 2. ORIENTAL INSURANCE CO.LTD,BADUSHA BUILDING,VIRAJPET,(POLICY NO.NOT KNOWN) 3. B.M.GANESH,S/O.B.R.NANAJAPPA, ARJI VILLAGE, VIRAJPET(OWNER OF THE MOTOR CYCLE NO.CKK/6849) ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R2 SRI.P.JACOB MATHEW FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2836 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of June, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.442/99 of Motor Accidents Claims Tribunal, Kalpetta,Wayanad challenges the judgment and award of the Tribunal dated 14th September 20007 awarding a compensation of Rs. 6050//- 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 : Claimant was aged 18 and was a news paper agent and doing coolie work earning Rs. 3,000/- per month, according to the claimant. On May 13, 1999 at about 7.30 p.m., the claimant was cycling along Kartikulam to Mananthavady road. When he reached at Changala Gate, the motor cycle bearing Reg.No.CKK/6849 ridden by the first respondent came at a high speed and dashed against the bicycle of the claimant. According to the claimant, accident occurred due to the rash and negligent riding of the offending motor cycle by the first MACA.No.2836/2009 2 respondent. First respondent as the rider, second respondent as the insurer and third respondent as the owner of the offending motor cycle are jointly and severally liable to pay compensation to the claimant. 3. Respondents 1 and 3, the owner and the rider of the offending motor cycle remained absent and were set ex parte by the Tribunal. The second respondent the insurer of the offending motor cycle filed a written statement admitting the policy. 4. Claimant was examined as PW1 and Exts.A1 to A5 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting second respondent. The Tribunal on an appreciation of evidence awarded a compensation of Rs. 6050/- with interest @ 6% per annum from the date of petition till realisation. 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 first respondent is not challenged in this appeal. Therefore, the only MACA.No.2836/2009 3 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.A3, copy of the wound certificate issued from the hospital and Ext.A5, the discharge certificate issued from the hospital. 1. Fracture of articular surface of patella. 2. Lacerated injury on the right leg knee. 3. Injury on right elbow. 4. Injury on right knee. He was treated for 15 days in District Hospital, Mananthavady. 8. The Tribunal awarded a total compensation of Rs.6050/- The break up of the compensation awarded is as under : Loss of earning - Rs. 500/- Transport to hospital - Rs. 300/- Extra nourishment - Rs. 300/- Damage to clothing - Rs. 250/- Medical expenses - Rs. 500/- Bystander expenses - Rs. 200/- Pain and suffering - Rs. 4,000/- 9. Counsel for the claimant argued that no compensation was awarded for the disability caused. He further submitted that the monthly income of the claimant assessed by the Tribunal as 1500/- per month is too low and the compensation awarded for the pain and MACA.No.2836/2009 4 suffering is also not adequate. 10. The Tribunal took the monthly income of the claimant as Rs. 1500/- and awarded Rs. 3,000/- for loss of earnings for two months. Taking into consideration the fact that claimant was aged only 18, we feel that his monthly income can be reasonably assessed at Rs. 2,000/-. Thus, towards loss of earnings, he is entitled to a compensation of Rs. 4,000/-. Thus, on this count, he is entitled to an additional compensation of Rs. 2,000/- 11. A compensation of Rs. 4,000/- was awarded for the pain and suffering endured by the claimant. Taking into consideration the nature of the injury sustained, we feel that a compensation of Rs. 7500/- would be reasonable on this count. Thus on this count, the claimant is entitled to an additional compensation of Rs. 3,500/-. 12. As regards the compensation claimed for the disability caused, no document is produced by the claimant to show that he has suffered any disability due to the injury sustained. Therefore, the Tribunal is perfectly justified in not awarding any compensation for the disability caused. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not MACA.No.2836/2009 5 disturbing the same. 13. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum which appears to be very low. The claimant is entitled to interest @ 7.5% per annum for the compensation already awarded and also for the enhanced compensation. 14. In the result, the claimant is found entitled to an additional compensation of Rs.5,500/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and for the enhanced compensation. He is also entitled to proportionate cost. The second respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the date of receipt of the copy of this judgment. The award of the Tribunal is modified to the above extent. The appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.2836/2009 6 MACA.No.2836/2009 7