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 22ND MARCH 2011 / 1ST CHAITHRA 1933 MACA.No. 1450 of 2004(B) ------------------------------------- [O.P.(M.V).NO.38/2000 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM] .................... APPELLANT/PETITIONER: ------------------------------------- UPPAI KURIAKOSE @ KUNJUMON, KOCHUPATHIL HOSE, NEELAMPEROOR P.O., NEELAMPEROOR VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.M.P.MADHAVANKUTTY. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. REJI, S/O. VASAPPAN, KAVILKIZHAKKETHIL HOUSE, KURICHY KARA, KRUICHI VILLAGE. 2. P.N. LALAN, S/O. NARAYANAN, PUTHENCHIRAYIL HOUSE, NEELAMPEROOR KARA, NEELAMPEROOR VILLAGE. 3. NEW INDIA INSURANCE CO.LTD., CHANGANACHERRY. R3 BY ADV. SMT.P.K.SANTHAMMA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1450 OF 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 22nd day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.38 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 31, 2004 awarding a compensation of Rs.23,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on July 31, 1999 at 9.30 p.m. at Kainady. While the claimant was walking along the side of the road, he was knocked down by a scooter bearing registration No.KL-5/E 9391, ridden by the first respondent. He sustained serious injuries. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.6 lakhs. 3. Respondents 1 and 2, the rider and owner of the MACA 1450/2004 2 offending scooter, remained absent and they were set ex parte by the Tribunal. The third respondent, the insurer of the offending scooter, filed a written statement admitting the policy, but attributed negligence to the claimant. 4. Exts.A1 to A12 were marked on the side of the claimant. No evidence was adduced by the contesting third respondent. On an appreciation of the evidence, the Tribunal found that the accident occurred due to the negligence of the first respondent, rider of the offending scooter, and awarded a compensation of Rs.23,000/- with interest @ 9% p.a. from the date of petition till realization and cost of Rs.1,500/-. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the 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 of the first respondent is not seriously challenged in this MACA 1450/2004 3 appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 7. The claimant sustained the following injuries in the accident:- “1) Multiple abrasions on the face. 2) Lacerated wound below the eye, nose and chin. 3) Multiple abrasions on the hand and leg. 4) Tenderness over spine and stable. 5) Wedge fracture L1.” 8. The Tribunal awarded a total compensation of Rs.23,000/-. Break up of the compensation awarded is as under:- Loss of earning : Rs. 4,500 Treatment expenses : Rs. 500 Bystander's expenses : Rs. 500 Transportation expenses : Rs. 500 Pain and suffering : Rs. 10,000 Loss of amenities : Rs. 7,000 ------------------ Total : Rs.23,000 ======= MACA 1450/2004 4 9. The counsel for the claimant has pointed out that no compensation was awarded for disability caused to the claimant. He has also claimed enhancement of the compensation awarded under other heads. 10. In Ext.A10 certificate of disability the doctor has certified that the claimant has suffered permanent disability of 10%. The claimant has suffered the following disabilities:- “1) Post traumatic stiffness of joints of lumbar spine. 2) Post traumatic stiffness of (R) shoulder joint. 3) Unable to do manual works.” Further, discharge certificate dated September 25, 1999 shows that he has suffered fracture of right upper canine. Taking into consideration all these aspects, we feel that a compensation of Rs.25,000/- would be reasonable for the disability caused. As regards the compensation 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 MACA 1450/2004 5 additional compensation of Rs.25,000/- with interest @ 7.5% per annum from the date of petition till realization. The third respondent being the insurer of the offending vehicle 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