IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 MACA.No. 1749 of 2010() ----------------------- OPMV.301/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/ PETITIONER ------------------------ THRIVIKRAMAN NAMBOODIRI, S/O. NARAYANAN NAMBOODIRI, AGED 50, KALARI KANDI HOUSE, PANNIKKODE P.O., MUKKAM VIA, KOZHIKODE DISTRICT. BY ADV. SRI.E.NARAYANAN RESPONDENT(S): RESPONDENTS -------------------------- 1. M.USMAN, S/O. AND AGE NOT KNOWN, NIMMIYYIL HOUSE, AREEKODE P.O., MALAPPURAM DISTRICT. (RC OWNER AND DRIVER OF JEEP HAVING REG.NO. KLM-9525). 2. NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, 2ND FLOOR, KORAMBAYIL ARCADE, PANDIKKAD ROAD, MANJERI, MALAPPURAM DISTRICT. ADV. SMT.RAJI T.BHASKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1749 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.301/1998 on the file of Motor Accidents Claims Tribunal, Kozhikode. In this appeal he challenges the judgment and award of the Tribunal dated July 14, 2008 awarding a compensation of Rs. 20,797/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident that occurred on May 7, 1997 at about 10 p.m. : Lacerated wound 6 x 1 x 1 cm. right side of scalp posterior and lacerated wound 10 x 1 x 1 cm. right side of forehead, lacerated wound chin 1 x .5 cm. CT scan showed small acute epidural haematoma in the left upper frontal area, tiny focal haemorrhage in the left upper frontal lobe, focal contusion in the left posterior temporo parietal lobe. 2. The accident happened while the claimant was riding his scooter and when he reached near Kolangara, he was knocked down by MACA.No.1749/2010 2 a jeep bearing Reg.No.KLM 9525 driven by the first respondent. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 2,00,000/-. 3. Respondent No.1, the owner-cum-driver of the offending jeep, though entered appearance before the Tribunal, did not file any written statement. The second respondent, the insurer of the offending jeep filed a written statement admitting the policy. 4. Exts.A1 to A9 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting second respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending bus by first respondent and awarded a compensation of Rs.20,797/- with interest @ 9% per annum from the date of petition till realisation and a cost of Rs.250/-. The 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. MACA.No.1749/2010 3 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the first 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.20,797/-. The break up of the compensation amount awarded is as under: Transport to hospital - Rs. 1,000/- Extra nourishment - Rs. 1,000/- Damage to clothing - Rs. 500/- Medical expenses - Rs. 3,297/- Bystander expenses - Rs. 2,000/- Pain and suffering - Rs.10,000/- Loss of amenities - Rs. 3,000/- 8. Counsel for the claimant sought enhancement of compensation for the medical expenses, for loss of amenities and enjoyment of life and on other heads. 9. The Tribunal awarded Rs.3,297/- towards medical expenses. The claimants produced bills worth Rs.10,702/-. No reason is stated by the Tribunal for disallowing the portion of the claim. Therefore, we feel that the claimant is entitled to the entire amount shown in the bill towards MACA.No.1749/2010 4 medical expenses i.e. Rs.10,702/-. 10. No compensation is seen awarded by the Tribunal for loss of earnings. The claimant was working as a U.P. School Assistant drawing a salary of Rs.5,330/- per month, according to him. Ext.A8 is the certificate to that effect. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs.4,000/- per month. The nature of the injuries sustained by the claimant shows that he must have been disabled for atleast 4 months for which he is entitled to a compensation of Rs.16,000/-. 11. The Tribunal awarded Rs.3,000/- 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.10,000/- 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 claimant is found entitled to an additional compensation of Rs.30,405/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. The MACA.No.1749/2010 5 second 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 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 sv.