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 3RD FEBRUARY 2011 / 14TH MAGHA 1932 MACA.No. 1002 of 2006() ----------------------------------- OP(MV)NO. 387/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): APPELLANT/APPLICANT ----------------------------------------------------------- SARALA DEVI, W/O.BALAKRISHNAN, RESIDING AT KRISHNA BHAVAN, MULLOOR, VIZHINJAM, THIRUVANANTHAPURAM. BY ADV. SRI.K.B.PRADEEP RESPONDENT(S): RESPONDENTS --------------------------------------------------- 1. S.VINCENT, S/O.SIVASANKARAN NADAR, LITTLE FLOWER COTTAGE, PALAPPUR, VELLAYANI.P.O, THIRUVANANTHAPURAM. 2. * KRISHNANKUTTY NAIR, S/O.THANKAPPAN NAIR, RAVANA VILASOM BUNGALOW, KALLIYOOR.P.O, PALLICHAL.P.O, THIRUVANANTHAPURAM. (DELETED) * THE NAME OF THE 2ND RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE REQUEST OF THE APPELLANT AS PER ORDER DATED 19/1/2011 IN I.A.NO.177/2011. 3. UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, III FLOOR, CWS BUILDING, LMS COMPOUND, THIRUVANANTHAPURAM. R3 BY ADV. SRI.S.MAMMU THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 1002 of 2006 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 3rd day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.387 of 1999 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram. In this appeal she challenges the judgment and award of the Tribunal dated May 23, 2005 awarding a compensation of Rs.95,000/- for the loss caused to her on account of the injuries sustained by her in a motor accident. 2. The accident happened on July 13, 1998 at about 9.15 a.m. at Vazhamuttom. While the claimant was walking along Vizhinjam -Thiruvananthapuram public road, she was knocked down by an Omni bus bearing registration No.KL- 01/B 7691, driven by the 2nd respondent. She sustained serious injuries. Alleging negligence against 2nd respondent driver of the offending vehicle, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.4 lakhs. MACA 1002/2006 2 3. Respondents 1 and 2, the owner and driver of the offending vehicle, remained absent before the Tribunal. The 3rd respondent, insurer of the offending vehicle filed a written statement admitting the policy but denied the negligence of the 2nd respondent, driver of the offending vehicle. Exts.A1 to A6 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident happened due to negligence of the 2nd respondent driver of the offending vehicle and awarded a compensation of Rs.95,000/- with interest at 9% p.a. 17-3-1999 till 9-2- 2000 and from 9-5-2005 till realization, as the O.P. was dismissed for default on 9-2-2000 and was restored only on 9-5-2005. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard learned counsel for the claimant and learned counsel for the Insurance Company. 5. The finding of the Tribunal that the accident is due to the negligence of the 2nd respondent driver of the MACA 1002/2006 3 offending vehicle 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 Tribunal awarded a total compensation of Rs.95,000/-. Break up of the compensation amount awarded is as under:- Loss of earnings : Rs. 9,000 Medical and incidental : Rs. 10,000 expenses. Transport to hospital : Rs. 1,000 Damage to clothing : Rs. 250 Extra nourishment : Rs. 1,000 Bystander's expenses : Rs. 3,000 Pain and suffering : Rs.20,000 Loss of amenities and : Rs.50,000 enjoyment in life. ------------------ Total : Rs.94,250 Rounded to : Rs.95,000 ======== 7. Learned counsel for the claimant sought enhancement of the compensation for the loss of amenities and enjoyment in life and on other heads. He pointed out that no compensation was awarded for the disability MACA 1002/2006 4 caused. 8. The claimant sustained the following injuries in the accident :- “1) Fracture of left humerus. 2) Fracture of both bones of the left forearm. 3) Fracture of maxilla. 4) Fracture of 5th rib on the left side. 5) Fracture of clavicle.” 9. The claimant did not produce certificate of disability to show that she has suffered any disability due to the injuries caused. Taking into consideration the fact that she has suffered about 6 fractures, we feel that she must have suffered some disability, for which, in our view, a compensation of Rs.30,000/- would be reasonable. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 10. It is seen from the award that the O.P. was dismissed for default on February 9, 2000 and was restored MACA 1002/2006 5 to file only on May 9, 2005. The claimant is not entitled to interest during the said period. 11. In the result, the claimant is entitled to an additional compensation of Rs.30,000/- with interest @ 7.5% per annum from the date of petition till 9-2-2000 and from 9-5-2005 till realization. She is entitled to proportionate costs. The 3rd respondent insurer of the offending vehicle shall deposit the compensation amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. 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 mn.