IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 MACA.No. 1271 of 2004() ----------------------- OPMV.1812/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ----------------------------------- DAMODHARAN NAMBOOTHIRI, S/O.PARAMESWARAN NAMBOOTHIRI, ANIZHAM ILLATHU HOUSE KALAMPARA P.O., KURUMULLOOR, KANAKARI. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): RESPONDENTS: --------------------------- 1. SAJEEV, S/O. VELLAPPAN, PADINJAREVETTIL HOUSE, PERUMBALAM P.O., PERUMBALAM P.O., PERUMBALAM VILLAGE, CHERTHALA, ALLEPPEY DISTRICT. 2. M.K.MANIKANDAN, THEKKENEZHATHU HOUSE, PERUMBALAM P.O., CHERTHALA. 3. THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, KOTTAYAM. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No.1271 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act,the claimant in O.P.(MV)No.1812/1999 of Motor Accidents Claims Tribunal, Kottayam challenges the judgment and award of the Tribunal dated October 14, 2003 awarding a compensation of Rs. 58,800/- for the loss caused to him on account of the injuries sustained in a motor accident. 2. The facts in brief are these : On November 28, 1998 while the claimant was traveling in a taxi car, a bus bearing Reg.No. KL04E 9288 driven by the first respondent dashed against the car causing serious injuries to the claimant and another claimant in O.P.(MV)No.1978/99. According to the claimant, the accident occurred due to the negligence on the part of the driver of the offending bus. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending vehicle MACA.No.1271/2005 Page numbers are jointly and severally liable to pay compensation to the claimant. 3. Respondents 1 and 2 remained absent and were set ex parte before the Tribunal. Third respondent insurer of the offending vehicle filed a written statement admitting the policy,but contending that there was also negligence on the part of the driver of the car in which the claimant was travelling. 4. This O.P. was jointly tried with O.P.(MV)No.1978/1998 and a common award was passed by the Tribunal. Exts.A1 to A14 were marked on the side of the claimants. No evidence was adduced by the contesting third respondent. 5. On an appreciation of evidence, the Tribunal awarded a compensation of Rs. 58,800/- . 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, the driver of the offending bus is not challenged in this appeal. Therefore, the only question for consideration is whether MACA.No.1271/2005 Page numbers the claimant is entitled to any enhanced compensation ? 7. The claimant sustained fracture on the right humerus, lacerated injury on the forehead and upper lip. Ext.A10 is the copy of the wound certificate issued from the Krishna Hospital, Ernakulam. He was laid up there for seven days. Ext.A13 series are bills for Rs. 30,648/-. He was employed in Devaswom Board as a Poojari. Ext.A14 letter from Devaswom officer shows that he was earning Rs. 11,000/- as salary and other offerings in the temple. Ext.A12 , the certificate of disability shows that he has 12% permanent disability. 8. The Tribunal awarded a total compensation of Rs. 58,800/-. The break up figures of the compensation awarded is as follows : Medical bills -Rs. 26,300/- Loss of earnings -Rs. 4,000/- Bystander's expenses -Rs. 1,500/- Transportation expenses -Rs. 1,000/- Pain and suffering -Rs.12,000/- Loss of amenities -Rs. 15,000/- ----------------- Rs. 58,800/- =========== 9. Learned counsel for the appellant sought enhancement of compensation towards pain and suffering endured, loss of amenities MACA.No.1271/2005 Page numbers and enjoyment of life and towards the disability caused. 10. For the pain and suffering endured by the claimant, the Tribunal awarded Rs. 12,000/- which appears to be very low. Taking into consideration the nature of the injury sustained, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. Regarding other aspects, the compensation awarded by the Tribunal appears to be reasonable. Therefore, we are not disturbing the same. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 8,000/- . He is entitled to interest @ 9% 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 with notice to the claimant. the impugned 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.1271/2005 Page numbers