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 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 MACA.No. 2050 of 2005() ----------------------- OPMV.161/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER: ----------------------------------- E.K. KUNJATHAN, AGED 40 YEARS, S/O. KARIYATHAN, ETTAPURATH MEETHAL, PARUTHIPARA, P.O. FAROKE COLLEGE, KOZHIKODE-673 632. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): RESPONDENTS 1 & 3: -------------------------------- 1. T. ISMAIL, S/O. MUHAMMED KUTTY, THATTARIYIL HOUSE, P.O. ANNASSERY, KOZHIKODE. 2. M/S. UNITED INDIA INSURANCE CO. LTD., BRANCH V, SUNITHA BUILDING, 2ND FLOOR, V.B.ROAD, R.S. PURAM, COIMBATORE. ADV. SRI.V.JAYAPRADEEP FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No.2050 OF 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 29th day of November, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.161/1995 on the file of II Additional Motor Accidents Claims Tribunal, Kozhikode. In this appeal he challenges the judgment and award of the Tribunal dated June 2, 2005 awarding a compensation of Rs.38,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. He sustained the following injuries in the accident :- “1)Haematoma and abrasion right side of the lower chest near right hypocondyle. 2) Abrasion right side of abdomen. 3) Suspected internal injury and questioned liver injury. 4) Rib fracture.” 3. The accident happened on September 30, 1994 while the claimant was walking along the side of the road and when he reached at Farook College Post Office, he was MACA 2050/2005 2 knocked down by a jeep bearing Reg.No.KL-11/B 3528 driven by the second respondent in the O.P. Alleging negligence against the second respondent in the O.P., the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs.2,00,000/-. 4. Respondents 1 to 3 in the O.P. are the owner, driver and insurer of the offending jeep. Respondents 1 and 2 in the O.P. remained absent before the Tribunal. Third respondent in the O.P. filed a written statement before the Tribunal admitting the policy. 5. The claimant was examined as PW1 and Exts.A1 to A8 and Ext.X1 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the respondents before the Tribunal. The Tribunal on an appreciation of the evidence found that the accident occurred due to the rash and negligent driving of the offending jeep by second respondent in the O.P. and awarded a compensation of Rs.38,000/- with interest MACA 2050/2005 3 @ 9% per annum from the date of petition till realisation and a cost of Rs. 700/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 6. Heard the counsel for the appellant/claimant and the 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 second respondent in the O.P. is not 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. 38,000/-. The break up of the compensation awarded is as under :- Pain and suffering - Rs. 19,000/- Loss of amenities - Rs. 9,000/- Medical expenses - Rs. 3,000/- Economic loss - Rs. 4,000/- Other counts - Rs. 3,000/- ------------------- Total : Rs.38,000/- ========= MACA 2050/2005 4 9. Counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. 10. The Tribunal did not award any compensation for the disability caused, as no document was produced by the claimant to show that the claimant has suffered any disability due to the injuries sustained. It is seen from Ext.A4 scan report and Ext.X1 case sheet issued from Medical College Hospital, Kozhikode that the claimant suffered injury on the liver and laprotomy was done. Further he has suffered fracture of 4 ribs. All these facts would show that the claimant has suffered some disability due to the injuries. Taking into consideration the nature of the injuries sustained and the fact that the claimant was a coolie aged 50, we feel that a compensation of Rs.30,000/- would be reasonable for the disability caused. 11. The Tribunal awarded Rs.19,000/- for pain and suffering endured by the claimant. Having regard to the nature of the injuries sustained and period of treatment the claimant has undergone, we feel that a compensation of MACA 2050/2005 5 Rs.25,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 12. In the result, the appellant/claimant is found entitled to an additional compensation of Rs.36,000/- with interest @ 9% per annum from the date of petition till realization and proportionate cost. The second respondent (third respondent in the O.P.) 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 mn