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 1ST MARCH 2010 / 10TH PHALGUNA 1931 MACA.No. 1855 of 2005() ----------------------- OPMV.1717/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER ---------------------------------- M.R.SURENDRAN, S/O.RAMAKRISHNAN NAIR, MADATHIL PUTHENPURA, PAMPAKKUDA, PIRAVOM, (BED RIDDEN-HEMI PARESIS), REPRESENTED BY HIS WIFE CHANDRAMATHI, MADATHIL PUTHENPURA, PAMPAKUDA, ERNAKULAM DIST., AS NEXT FRIEND AND LEGAL GUARDIAN. BY ADV. SMT.ANNIE PAUL SRI.PHILIP J.VETTICKATTU RESPONDENT(S): RESPONDENTS --------------- 1. SEBASTIAN MATHEW, S/O.MATHEW, THEVELAKKATTU HOUSE, KIZHATHIRI P.O., RAMAPURAM. 2. SAJI, S/O.CHANDRAN, CHARAPURATH HOUSE, S.MARADY, MUVATTUPUZHA. 3. THE BRANCH MANAGER, THE UNITED INDIA INSURANCE CO. LTD., MUVATTUPUZHA BRANCH. ADV. R3I.J.MATHAPPAN FOR R3 SMT.D.GEETHA FOR R3 SRI.AGINOV MATHAPPAN FOR R3 SMT.K.SHERIN MOHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1855 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.177/2000 of Motor Accidents Claims Tribunal, Muvattupuzha challenges the judgment and award of the Tribunal dated December 4, 2004 awarding a compensation of Rs. 1,80,000/- for the loss caused to him as a result of the injury sustained in a motor accident. 2. The facts in brief are these : On August 7, 2000, the claimant was pillion riding on the scooter bearing Reg.No.KL5/B8767 ridden by the second respondent from Anjalpetty to Pampakuda . When the scooter reached at Pampakuda it knocked down a pedestrian and over turned. The claimant sustained serious injuries. According to the claimant, the accident occurred due to the negligence of the second respondent, the rider of the scooter. First respondent as the owner, second respondent as the rider and third respondent as the insurer of the MACA.NO.1855/05 Page numbers offending scooter are jointly and severally liable to pay compensation to the claimant. 3. Respondents 1 and 2, the owner and rider of the offending scooter remained absent and were set ex parte before the Tribunal. Third respondent, the insurer of the offending scooter filed a written statement admitting the policy. 4. The injured pedestrian filed O.P.No.1716/2000 before the Tribunal and both these O.Ps. were tried together and a common award was passed. PW1 was examined and Exts.A1 to A19 were marked on the side of the claimant. No evidence was adduced by the third respondent. 5. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence on the part of the second respondent, the rider of the scooter and awarded compensation of Rs. 1,80,000/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 6. 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 is not challenged in this appeal. Therefore, the only MACA.NO.1855/05 Page numbers question for consideration is whether the claimant is entitled to any enhanced compensation ? 7. The claimant sustained left temporal haemorrhagic contusion with middle shift to right, subarachnoid haemorrhage with diffuse brain oedema. Ext.A5 is the copy of the wound certificate issued from the Taluk Head Quarters Hospital, Muvattupuzha. Ext.A6 is the discharge summary issued from Medical Mission Hospital, Kolencherry. He was admitted in that hospital from 3-8-2000 to 3-10-2000. Ext.A8 certificate shows that tracheostomy was done to facilitate respiratory care and that the patient developed right heiparasis and that he was found to be aphasic, an abnormal neurologic condition in which language function is defective or absent because of an injury to certain areas of the cerebral cortex. Ext.A17 disability certificate issued from the General Hospital, a copy of which is produced by the claimant, shows that claimant has right sided hemiplegia with aphasia and has 50% permanent disability. 8. The Tribunal awarded a total compensation of Rs. 1,80,000/-. The break up of the award amount is as under : Loss of earning -Rs. 25,000/- MACA.NO.1855/05 Page numbers Transport to hospital -Rs. 1,500/- Damage to clothing -Rs. 500/- Treatment expenses -Rs. 82,000/- Extra nourishment -Rs. 5,000/- Bystander's expenses -Rs. 3,000/- Pain and suffering -Rs. 15,000/- Loss of amenities and enjoyment of life -Rs. 50,000/- --------------- Rs.1,80,000/- ========== 9. Counsel for the appellant argued that the Tribunal did not award any compensation for the disability caused. There is force in the above contention. Ext.A3 certificate issued from the Department of Telecommunications shows that he was employed as a telephone mechanic and was drawing a salary of Rs. 5100/- per month. On a direction given by this court, the claimant was present on March 1, 2010. We have seen the appellant. He has been brought to court by his wife. He could not speak properly. He could not walk without of the aid of his wife. After retirement, he will not be in a position to do anything. He is aged 49. Taking into consideration all these aspects, we feel that for the disability caused, a compensation of Rs. 1,00,000/- would be reasonable. 10. Towards loss of earning, the Tribunal awarded MACA.NO.1855/05 Page numbers Rs. 25,000/-. The Tribunal found that he is entitled to Rs. 28608/- for the loss of actual earned leave and Rs. 14,304 for half pay leave. But as the claimant claimed only Rs. 25000/-, it was awarded. But we feel that the claimant is entitled to the entire amount towards loss of earnings assessed by the Tribunal as Rs. 42,912/-. Thus on this count, he is entitled to an additional compensation of Rs. 17,912/-. The compensation awarded under other heads appears to be reasonable. 11. Thus the claimant is entitled to an additional compensation of Rs. 1,17,912/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. 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 entire additional compensation awarded shall be disbursed to the appellant/claimant. The Appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.NO.1855/05 Page numbers