IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 MACA.No. 620 of 2005() ---------------------------------- OPMV.1661/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: -------------------------------------- P.K. MATHEW, S/O.KURUVILLA, PUTHENPARAMBIL HOUSE, MANGANAM P.O., KOTTAYAM. BY ADV. SRI.V.K.SUNIL RESPONDENTS/RESPONDENTS ----------------------------------------------- 1. THE DIRECTOR, RUBBER BOARD, KOTTAYAM-2. 2. THE UNITED INDIA INSURANCE CO.LTD., CITY BR., PAREKULAM BLG, KOTTAYAM - 2. 3. VASUDEVAN C.I., S/O.BALAN, CHERIYA ILLATHU HOUSE, MOILATHARA P.O., KAVILUMPARA (VIA) KOZHIKKODU. R1 BY ADV. SRI.JOSEPH KODIANTHARA, SRI.MITHUN MARKOS. R2 BY ADV. SRI.A.R.GEORGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A.No.620 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 30th day of November, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1661/1999 on the file of Motor Accidents Claims Tribunal, Kottayam. In this appeal he challenges the judgment and award of the Tribunal dated November 21, 2003 awarding a compensation of Rs.25,200/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained fracture of tibial condyle on left leg in the accident that occurred on May 27, 1999 at about 11 a.m. at Thannippadam. 2.The accident happened while the claimant was accompanying the goods in a goods carriage bearing Reg.No.5D 9278 driven by third respondent along Thrichur- Palakkadu road and when he reached near Thannippadam, due to the negligence of the third respondent, it dashed MACA 620/2005 2 against a tempo van. Alleging negligence against the third respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 1,50,000/-. 3. First respondent, the owner of the offending goods carriage filed a written statement admitting the accident, but denied the liability. Second respondent, the insurer of the offending goods carriage, filed a written statement admitting the policy. Third respondent, the driver of the offending goods carriage remained absent before the Tribunal. 4. Exts.A1 to A11 were marked on the side of the claimant before the Tribunal. No evidence was adduced on the side of the respondents. The Tribunal, on an appreciation of evidence, found that the accident occurred due to the rash and negligent driving of the offending goods carriage by third respondent and awarded a compensation of Rs. 25,200/- with interest @ 9% per annum from the date of petition till realization and a cost of Rs.1,500/-. The MACA 620/2005 3 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 third 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 Tribunal awarded a total compensation of Rs.25,200/-. Break up of the compensation awarded by the Tribunal is as under : Loss of earnings - Rs. 6,000/- Treatment expenses - Rs. 2,700/- Bystander expenses - Rs. 1,000/- Transportation - Rs. 500/- Pain and suffering - Rs.10,000/- Loss of amenities - Rs. 5,000/- ----------------- Total - Rs.25,200/- ======= 8. The learned counsel for the appellant/claimant MACA 620/2005 4 sought enhancement of compensation for the loss of amenities and enjoyment in life and on other heads. 9. The Tribunal awarded compensation of Rs.5,000/- for loss of amenities and enjoyment in life. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.15,000/- would be reasonable on this count. 10. The claimant was employed as a worker on daily wages in Pilot Crumb Rubber Factory and was earning Rs.3,032/- per month as evidenced by Ext.A7 his salary certificate. Therefore, the Tribunal took the monthly income of the claimant as Rs.3,000/- and awarded Rs.6,000/- for loss of earnings for two months. The nature of the injuries sustained by the claimant would show that he must have laid up for four months. The certificate issued by his employer, the Joint Director (FM), the Rubber Board, shows that the claimant was on leave for four months. Therefore, towards loss of earnings he is entitled to a compensation of Rs.12,000/-(Rs.3,000/- x 4) As regards the compensation MACA 620/2005 5 awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 11. In the result, the claimant is found entitled to an additional compensation of Rs.16,000/- with interest @ 9% from the date of petition till realization. The 2nd respondent Insurance Company 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