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 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 MACA.No. 1455 of 2004() ----------------------- OPMV.668/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): APPELLANT/PETITIONR: ---------------------------------- K. YOUSUF, S/O. SHRI KOYAMU, AGED 40, RESIDING AT KUMMENCHERRY, KAPPUPARAMBA POST, THIRUVIZHANKUNNU, MANNARGHAT, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. SAIDALAVI HAJI, S/O. AND AGE NOT KNOWN, CHAKKANTHODI VEEDU, EDATHANATTUKARA, MANNARGHAT. (OWNER OF KL 965232 JEEP). ( DELETED) 2. ABOBACKER, S/O. KUNJCHIPPU, AGED 25, KUMMENCHERRY VEEDU, EDATHANATTUKARA, MANNARGHAT (DRIVER.) ( DELETED) 3. UNITED INDIA INSURANCE CO.LTD., MANNARGHAT, PALAKKAD DISTRICT. RESPONDENTS 1 AND 2 DELETED AT THE RISK OF THE APPELLANT AS PER ORDER DATED 18/3/2008 IN I.A.NO.695/2008 ADV. SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1455 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.668/2000 on the file of Motor Accidents Claims Tribunal, Ottapalam. He sustained the following injuries in a motor accident that occurred on January 24, 2000 at about 8 A.M. at Kappuparamba near Mannarkkad. Injuries on vertebrae, legs, ribs etc. Lost vision of left eye . Blunt injury, abdomen laparotomy, hepatorraphy splendectomy done, compression fracture L1, fracture sacrum, fracture supra-infra pubic rami right. 2. The accident happened while the claimant walking on the side of the road, he was knocked down by the jeep bearing Reg.No. KL9 E 5232 owned by the first respondent and driven by the second respondent in the O.P.. Alleging negligence against the second respondent in the O.P., the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs.5,00,000/-. MACA.No.1455/2004 2 3. Respondent No. 2, the driver of the offending jeep remained absent before the Tribunal. The first respondent, the owner of the offending jeep filed a written statement before the Tribunal admitting the accident. The third respondent, the insurer of the offending jeep filed a written statement before the Tribunal admitting the policy. 4. This O.P. was jointly tried along with another O.P. filed by the other injured person who was also standing along with the claimant and died subsequently and a common award was passed by the Tribunal. Pws 1 and 2 were examined and Exts.A1 to A18 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending jeep by second respondent and awarded a compensation of Rs.1,10,000/- with interest @ 9% per annum from the date of petition till realisation and a cost of Rs. 1500/-. 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.1455/2004 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 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. 7. The break up of the compensation awarded by the Tribunal is as under : Pain and suffering - Rs. 22,000/- Medical bills - Rs. 35,000/- Hospital expenses - Rs. 2,000/- Loss of amenities - Rs. 10,000/- Loss of income - Rs. 7,000/- Disability caused - Rs. 30,000/- Transportation - Rs. 4,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused, for loss of amenities and enjoyment of life and on other heads. 9. The Tribunal awarded Rs. 30,000/- as compensation for the disability caused. The claimant has completely lost the vision of his right eye and there is partial loss of vision to her left eye. Nothing is mentioned either in the award or in the appeal memorandum regarding the occupation of the claimant. Taking into consideration the above MACA.No.1455/2004 4 aspect, we feel that an additional compensation of Rs. 30,000/- would be reasonable for the disability caused. 10. The Tribunal awarded Rs.10,000/- for loss of amenities and enjoyment in life which appears to be very low. Taking into account the loss of vision suffered by the claimant, we feel that a compensated of Rs. 25,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 45,000/-. 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. 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.1455/2004 5 MACA.No.1455/2004 6