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 20TH OCTOBER 2010 / 28TH ASWINA 1932 MACA.No. 1161 of 2008() ----------------------- OPMV.973/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER -------------- MANOJ KUMAR T.P,S/O.LATE PONNAPPAN PILLAI,THUNDATHIL HOUSE,KUMBALAM,KOCHI. BY ADV. SRI.K.JANARDHANAN SRI.MANURAJ. K.J RESPONDENT(S): RESPONDENTS 1 AND 2 ------------------------------------------------------ 1. K.A.JOHNY,PALAPPARAMBIL HOUSE, ERAMALLOOR P.O. 2. UNITED INDIA INSURANCE COMPANY LTD, CHERTHALA. ADV. SRI.RAJESH THOMAS FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1161 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.973/1999 on the file of Motor Accidents Claims Tribunal, Ernakulam. He sustained the following injuries in a motor accident that occurred on June 6,1998 at about 5.30 a.m.: Tenderness over right side scalp and forehead and fracture of right maxilla. 2. The accident happened while the claimant was travelling in a Trucker driven by the second respondent and reached near Kottappuram Bridge, its front side hit on a concrete divider situated on the centre of the road. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 1,18,000/-. 3. Respondents 1 and 3, the owner and the insurer of the offending trucker remained absent before the Tribunal. The second MACA.No.1161/2008 2 respondent, the driver of the offending trucker was deleted from the party array by the Tribunal. 4. Exts.A1 to A7 were marked on the side of the claimant before the Tribunal. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending trucker by second respondent and awarded a compensation of Rs. 18,050/- with interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. 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. 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 question which arises for consideration is whether the claimant is entitled to any enhanced compensation. MACA.No.1161/2008 3 7. The break up of the compensation awarded is as under : Transportation, attendant expenses - Rs. 1,000/- Extra nourishment & damage to clothing Medical expenses - Rs. 7,050/- Pain and suffering - Rs. 7,000/- Loss of amenities, comforts and enjoyment in life - Rs. 3,000/- 8. Counsel for the claimant sought enhancement of compensation for the loss of amenities and enjoyment of life and for pain and suffering endured by the claimant. 9. The Tribunal awarded Rs.3,000/- for loss of amenities and enjoyment in life which appears to be very low. 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 Tribunal awarded Rs.7,000/- for the pain and suffering endured by the claimant. Taking into consideration the nature of the injury 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 MACA.No.1161/2008 4 reasonable and therefore are not disturbing the same. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 15,000/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. The 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 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. MACA.No.1161/2008 5