IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 MACA.No. 317 of 2004() ---------------------- OPMV.1345/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- V.C.MATHEW @ MATHUKUTTY, VANCHIPURA HOUSE, CHINGAVANAM KARA, NATTAKOM VILLAGE. BY ADV. SRI.JOHN VARGHESE SRI.T.SAJI RESPONDENT(S): RESPONDENT,. --------------------------- 1. SABU S/O.DAS, KARTHIKAPPALLY HOUSE, VADVATHOOR KARA, VIJAYAPURAM VILLAGE, KOTTAYAM DISTRICT. 2. P.K.PRASAD, S/O.SAROJINI, PATHIYARATHU HOUSE, KUMARAKOM VILLAGE, KOTTAYAM DISTRICT. 3. DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, KOTTAYAM. ADV. SMT.P.A.REZIYA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.317 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th 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.1345/1995 of Motor Accidents Claims Tribunal, Kottayam challenges the judgment and award of the Tribunal dated January 24, 2003 awarding a compensation of Rs. 58,600/- 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 33 at the time of the accident and used to earn more than Rs. 3,000/- per month, according to him. On July 10, 1994 at about 2 p.m., claimant was standing on the side of the road at Chingavanam. At that time a jeep bearing Reg.No.KL5/4963 driven by the first respondent came at a high speed and knocked him down. The claimant sustained serious injuries. According to the claimant, accident occurred due to the rash and negligent driving of the offending jeep by MACA.No.317/2004 2 first respondent. First respondent as the driver, second respondent as the owner and third respondent as the insurer of the offending jeep are jointly and severally liable to pay compensation to the claimant. Claimant claimed a compensation of Rs. 2,28,000/-. 3. Respondents 1 and 2, the driver and owner of the offending jeep remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending jeep filed a written statement admitting the policy, but contended that there was also negligence on the part of the claimant. 4. Exts.A1 to A9 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 driving of the offending jeep by first respondent and awarded a compensation of Rs. 58,600/- with interest @ 9% 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 MACA.No.317/2004 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 first 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.A4, the copy of the wound certificate : 1. Type I compound fracture upper 3rd humerus. 2. Head injury- abrasion on lateral aspect of upper eye-lid and eye-brow. 3. Abrasion all over the body. 8. Ext.A5 is the certificate issued by Neurosurgeon in which it is stated that CT scan of the claimant showed defuse brain oedoema and he was treated with antiepileptic drugs. Ext.A6, certificate of disability issued by Orthopeadic Surgeon shows that claimant has 19% disability. 9. The Tribunal awarded a total compensation of Rs.58,600/-. MACA.No.317/2004 4 The break up of the compensation awarded is as under : Loss of earnings - Rs. 4,800/- Treatment expenses - Rs. 3,000/- Bystander expenses - Rs. 1,500/- Transportation - Rs. 500/- Pain and suffering - Rs.10,000/- Disability - Rs. 28,800/- Loss of earning power - Rs. 10,000/- 10. Counsel for the claimant sought enhancement of compensation awarded for the disability caused, pain and suffering endured etc. 11. The Tribunal took the percentage of disability as 10% and took his income as Rs.1600/- per month and awarded a compensation of Rs. 28,800/- for the disability caused. Taking into consideration the nature of the injury sustained, we feel that the compensation awarded by the Tribunal on this count is reasonable. 12. There is another aspect in this case. The Tribunal did not award any compensation for the loss of future prospects in life. Taking into consideration the nature of the injury sustained and the disability caused to the claimant, we feel that a compensation of Rs. 5,000/- would be reasonable on this count. As regards the compensation MACA.No.317/2004 5 awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 13. In the result, the claimant is found entitled to an additional compensation of Rs. 5,000/-. 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.317/2004 6