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 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 MACA.No. 891 of 2006() ---------------------- OPMV.1325/1995 of ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANTS/SUPPLEMENTARY PETITIONERS 2 TO 13: ----------------------------------------------------------- 1. VENKITACHALAM, AGED 50 YEARS, S/O. LATE MANICKAN, PARA, ELAPPULLY, VENGODI POST, PALAKKAD DISTRICT. 2. BALAMURUGAN, AGED 47 YEARS, S/O. LATE MANICKAN, PARA, ELAPPULLY, VENGODI POST, PALAKKAD DISTRICT. 3. CHANDRAN, AGED 43 YEARS, S/O. LATE MANICKAN, PARA, ELAPPULLY, VENGODI POST, PALAKKAD DISTRICT. 4. SELVAKUMARI, AGED 38 YEARS, D/O. LATE MANICKAN, PARA, ELAPPULLY, VENGODI POST, PALAKKAD DISTRICT. 5. KANAKA KUMARI, AGED 33 YEARS, D/O. LATE MANICKAN, PARA, ELAPPULLY, VENGODI POST, PALAKKAD DISTRICT. 6. KRISHNA KUMARI, AGED 33 YEARS, D/O. LATE MANICKAN, PARA, ELAPPULLY, VENGODI POST, PALAKKAD DISTRICT. 7. THANKAMANI, AGED 71 YEARS, W/O. LATE MANICKAN, PARA, ELAPPULLY, VENGODI POST, PALAKKAD DISTRICT. 8. SARASWATHY, W/O. LATE NATARAJAN, AGED 46 YEARS, PARAYIL VELIKALAM, VENGODI, PALAKKAD. MACA.NO.891/06 9. BINDU, AGED 29 YEARS, D/O. LATE NATARAJAN, PARAYIL VELIKALAM, VENGODI, PALAKKAD. 10. BHUVANESWARY, AGED 24 YEARS, D/O. LATE NATARAJAN, PARAYIL VELIKALAM, VENGODI, PALAKKAD. 11. SIVADASAN, AGED 23 YEARS, S/O. LATE NATARAJAN, PARAYIL VELIKALAM, VENGODI, PALAKKAD. BY ADV. SRI.K.P.BALAGOPAL RESPONDENT(S): RESPONDENTS: --------------------------- 1. P. KANTHASWAMY, S/O. PERUMALSWAMY, AGED 67 YEARS, NO.86, VENKETESWARA COLONY UPPER STREET, POLLACHI. 2. CHERAN TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, COIMBATORE. ADV. SRI.P.RAVINDRAN, SENIOR ADVOCATE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.891 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of February, 2010 JUDGMENT Barkath Ali, J. Appellants have filed this appeal under Section 173 of Motor Vehicles for enhancement of the amount of compensation awarded by the Motor Accidents Claims Tribunal (Additional), Palakkad in O.P.(MV)NO.1325/1995 dated April 13, 1995 for the loss caused to the deceased first claimant on account of the injuries sustained by him in a motor accident. 2. The facts in brief are these : Deceased first claimant was aged 67 and was a coolie. On March 25, 1995 while he was riding his bicycle along Para - Elappully Road and reached in front of the South Indian Bank, a bus bearing Reg.No. TLB 1253 driven by the first respondent and owned by the second respondent/Cheran Transport Corporation, Coimbatore came at a high speed and knocked him down . Deceased first claimant sustained serious injures and was treated at Medical College Hospital, Coimbatore. During the pendency of the MACA.No.891/06 Page numbers petition first claimant died. His legal heirs are claimants 2 to 9, who are the appellants 2 to 9 in this appeal. According to the claimant the accident occurred due to the negligence on the part of the first respondent, the driver of the offending bus. He has claimed a compensation of Rs. 3 lakhs. 3. First respondent, the driver, second respondent, the owner of the offending bus filed a written statement before the Tribunal contending that the occident occurred due to the negligence on the part of the deceased first claimant. 4. Exts.A1 to A6 series were marked on the side of the appellants/claimants. RW1 was examined and Ext.B1 was marked on the side of the second respondent. Tribunal on an appreciation of evidence awarded a compensation of Rs. 28,850/- . The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Deceased first claimant sustained the following injuries as revealed from Ext.A4, copy of the wound certificate : 1) Sutured wound in lower chest MACA.No.891/06 Page numbers 2) Abrasion 1 x 1 cm. with dried serum in the right knee. 3) Abrasion 4 x 3 cm. in right superior iliac spine region. 4) Loss of teeth upper middle incisors X-ray revealed fracture on left clavicle with traumatic paraplegia. He was admitted in the hospital from 26/03/1995 to 21/04/1995. 6. The Tribunal awarded compensation as follows : Loss of earning - Rs. 5, 000/- Transport charges - Rs. 1,000/- Extra nourishment - Rs. 1, 300/- Damage to clothing - Rs. 750/- Bystander's expenses - Rs. 1,300/- Medical expenses - Rs. 4,000/- Pain and suffering - Rs. 7,500/- Disability - Rs. 5,000/- -------------- Total Rs. 25,850/- ========= 7. Heard counsel for the second respondent, Managing Director, Cheran Transport Corporation. First respondent, the driver of MACA.No.891/06 Page numbers the offending vehicle remained absent. 8. Counsel for the appellant argued that the Tribunal awarded only Rs. 5000/- for the disability caused and that the injury sustained by the deceased first claimant has caused very serious disability to him. We find force in the above contention. Taking into consideration the nature of the injury sustained and the age of the claimant, we feel that a compensation of Rs. 15,000/- would be reasonable on this count. Thus on this head, he is entitled to an additional compensation of Rs. 10,000/- 9. For pain and suffering endured by the deceased first claimant only Rs. 7500/- was awarded by the Tribunal which appears to be very low. Having regard to the nature of the injury sustained, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. Thus on this count, the claimant is entitled to an additional compensation of Rs. 12500/-. 10. The Tribunal awarded Rs. 4000/- towards medical expenses. The deceased first claimant was hospitalised for about one month. Therefore, we feel that a compensation of Rs. 10,000/- would MACA.No.891/06 Page numbers be reasonable on this count. Thus on this count, claimants are entitled to an additional compensation of Rs. 6000/-. Compensation awarded under other counts are not questioned before us. 11. In the result, the appellants/claimants are entitled to an additional compensation of Rs. 28,500/- . They are entitled to interest at the rate of 9% per annum from the date of petition till realisation and proportionate cost. Second respondent as the owner of the offending vehicle shall deposit the amount before the Tribunal within one month from the date of receipt of a copy of this judgment with notice to the claimant. The Appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.891/06 Page numbers