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 19TH JANUARY 2011 / 29TH POUSHA 1932 MACA.No. 967 of 2004() ---------------------- OPMV.1131/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- RONY PHILIP, S/O.JOY @ ABRAHAM, KOZHIMATTATHIL HOUSE @ THOPPIL HOUSE, NEAR GOMATHI THEATRE, CHINGAVANAM KARA, NATTAKOM VILLAGE. BY ADV. SRI.K.A.HASSIM RESPONDENT(S): RESPONDENTS: --------------------------- 1. CHELLAPPAN K.M., S/O. MADHAVAN, VADAKKEKARAYIL KUNNEL HOUSE, KUMARAMPEROOR, SEETHATHODU VILLAGE, PATHANAMTHITTA DISTRICT. DL.NO.342/89 BAGE NO.192/90. 2. M.GEORGE ABRAHAM, SANKARAMANGALAM TOWERS, T.K.ROAD, THIRUVALLA. 3. NATIONAL INSURANCE COMPANY LIMITED, BRANCH, THIRUVALA. R1 &R2 BY ADVS. SRI.P.HARIDAS, SRI.CHERIAN GEE VARGHESE, R3 BY SRI.E.M.JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 967 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 19th day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.1131 of 2000 on the file of the Motor Accidents Claims Tribunal, Kottayam. In this appeal he challenges the judgment and award of the Tribunal dated March 30, 2004 awarding a compensation of Rs.51,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The claimant sustained lacerated wound 3 x 1 cm. below the cricoid to the left side communicating with trachea, vertical midline incision put trachea exposed and a leniar defection in the wall on the left side 10 x 5 cms. Lower extent could not be made out. Portix tracheostomy tube put wound sutured. 3. The accident happened on 23-12-1999 at 9.30 p.m. at Chingavanam. While the claimant was cycling along the MACA 967/2004 2 road, he was knocked down by a lorry bearing registration No.KL-3K/3517 driven by the 1st respondent. He sustained serious injuries in the accident. Alleging negligence against the 1st respondent, driver of the offending lorry, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.2,50,000/-. 4. Respondents 1 and 2, driver and owner of the offending lorry, remained absent before the Tribunal. The 3rd respondent insurer of the offending lorry filed a written statement denying the insurance policy and contended that the accident occurred due to the negligence of the claimant. 5. Exts.A1 to A16 were marked on the side of the claimant. No evidence was adduced by the respondents. Though initially the Insurance Company denied the policy, at the time of trial admitted the policy. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence on the part of 1st respondent driver of the offending lorry and awarded a compensation of MACA 967/2004 3 Rs. 51,000/- with interest @ 6% p.a. from the date of petition till realization. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 6. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. 7. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 1st respondent is not seriously challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 8. The Tribunal awarded a total compensation of Rs.51,000/-. Break up of the compensation awarded is as under:- Loss of earnings : Rs. 4,500 Bystander expenses : Rs. 1,500 Transportation : Rs. 1,000 Extra nourishment : Rs. 500 Pain and suffering : Rs.15,000 Loss of amenities : Rs.15,000 Treatment expenses : Rs. 13,500 MACA 967/2004 4 ------------------ Total : Rs.51,000 ======= 9. The learned counsel for the appellant/claimant sought enhancement of compensation awarded by the Tribunal on all heads. He pointed out that no compensation was awarded for the disability caused. 10. The Tribunal did not award any compensation for the disability caused to the claimant. The nature of the injuries sustained by the claimant shows that he must have suffered some disability, for which we feel that a compensation of Rs.25,000/- 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. 2. In the result, the claimant is found entitled to an additional compensation of Rs.25,000/-. The Tribunal awarded interest only @ 6% per annum, which appears to be very low. He is entitled to interest @ 7.5% per annum MACA 967/2004 5 from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. The 3rd respondent, insurer of the offending lorry, shall deposit the 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