IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 MACA.No. 223 of 2004(B) ----------------------------------- [O.P.(MV).NO.218/2000 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUR] .................... APPELLANT/PETITIONER: -------------------------------------- SUHARA, W/O. ALI, KANNAYIL HOUSE, UDINIKKARA P.O., EDAPPAL. BY ADV. SRI.K.P.MUJEEB. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. JOSE KUTTY, CHENNAKKATTIL HOUSE, CHEVAYOOR AMSOM, KOTTULI DESOM, CHEVAYOOR P.O, (DRIVER). 2. N.RAMACHANDRAN, NADUVATH HOUSE, EDARIKKODE P.O., KOTTAKKAL (OWNER). 3. THE ORIENTAL INSURANCE CO.LTD. JYOTHI SUPER BAZAR, P.B.NO.8, THODUPUZHA. R3 BY ADV. SRI.A.R.GEORGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BAHSEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 223 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 13th day of July, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P. (MV) No.218 of 2000 of Motor Accidents Claims Tribunal, Tirur. She was aged 28 at the time of the accident and was employed in a footwear company. She sustained the following injuries in a motor accident, which occurred on September 11, 1999 at about 8.30 a.m. at Mukkilapeedika:- 1) Fracture of pulvis. 2) Fracture of left ilium. 3) Fracture of pubic rami. 4) Fracture of acetabulam. 5) Muscle degloving injuries on the abdomen. 6) Crush injury to the left thigh. 2. The facts leading to this appeal, in brief, are these:- The claimant was travelling in a bus bearing registration No.KL-7R/2916. While she has about to get MACA 223/2004 2 down from the bus, when the bus stopped the driver negligently took the bus forward, as a result of which, she fell down and the rear wheel ran over her, causing serious injuries. Claiming a compensation of Rs.3 lakhs, she filed the O.P. under section 166 of the Motor Vehicles Act before the Tribunal against respondents 1 to 3, i.e., driver, owner and insurer of the offending bus, alleging negligence on the part of the first respondent, driver of the bus. 3. Claimant was examined as PW1 and 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 bus by the first respondent and awarded a compensation of Rs.2,08,000/- with interest @ 9% per annum from the date of petition till realization and proportionate costs. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the claimant and the MACA 223/2004 3 counsel for Insurance Company. 5. 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 ? 6. The learned counsel for appellant/claimant argued that compensation awarded by the Tribunal is quite inadequate, taking into account the nature of the injuries sustained by the claimant. The learned counsel for the Insurance Company, on the other hand, supported the award of the Tribunal. 7. The Tribunal awarded a total compensation of Rs.2,08,000/-. Break up of the amount awarded is as under :- Loss of earnings : Rs. 18,000/- Transportation expense : Rs. 1,000/- Medical expenses including : Rs. 1,10,000/- bills for Rs.80,400/-, hospitalization for 33 days, MACA 223/2004 4 bystander etc. Extra-nourishment : Rs. 2,000/- Pain and suffering : Rs. 20,000/- For disability caused : Rs. 25,000/- Loss of earnings : Rs. 32,000/- -------------------- Total : Rs.2,08,000/- ======== 8. The Tribunal took the monthly income of the claimant as Rs.1,500/-, adopted multiplier of 18, took the percentage of disability as 10% and awarded Rs.32,000/- for the disability caused. Taking into consideration the nature of the injuries sustained by the claimant, the period of treatment the claimant has undergone and the nature of the disability certified by the doctor, we feel that the compensation awarded by the Tribunal is just and reasonable. 9. There is another aspect in this case. The Tribunal did not award any compensation for the loss of amenities and enjoyment in life. Taking into consideration the nature of the injuries sustained by the claimant, we are of the view that she must have suffered some loss of amenities and MACA 223/2004 5 enjoyment in life, for which she is entitled to a compensation of Rs.10,000/-. 10. In the result, the claimant is found entitled to an additional compensation of Rs.10,000/-. She is entitled to interest @ 9% per annum from the date of petition till realization and proportionate cost. The third respondent being the insurer of the offending bus 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 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. mn.