IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 MACA.No. 1214 of 2004(B) ----------------------- OPMV.2323/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER. ----------------------------------- C.MADHUSOODANAN NAIR, S/O.CHELLAPPA KURUP, THUNDIYIL HOUSE, KURICHY VILLAGE, KOTTAYAM. BY ADV. SRI.V.K.SUNIL RESPONDENT(S): RESPONDENTS. --------------------------- 1. RAGHAVAN, S/O.KRISHNAN, THOOMPUMKAL HOUSE, PULIKUTTISSERY, AYAMANAM, KOTTAYAM. 2. REGIMON, S/O.GOPALAN, PURATHEPPARAMBIL VEEDU, VADAKKUMBHAGOM, KUMARAKOM, KOTTAYAM. 3. THE NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, BAKER HILL, KOTTAYAM, REP. BY ITS MANAGER. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 1214 of 2004 ------------------------------------------------------ Dated: AUGUST 13, 2010 JUDGMENT Barkath Ali, J. The appellant is the claimant in OP(MV) 2323/1998 on the file of the Motor Accidents Claims Tribunal, Kottayam. He is a police constable aged 30 at the time of the accident and was earning Rs.4112/- per month as salary. He sustained fracture to the pelvis and pubic symphysis in a motor accident that occurred on August 1, 1998 at about 8 a.m. at Sastri Road at Kottayam. The accident happened while he was trying to board a bus from the bus stop. The 2nd respondent, driver of the bus, negligently took the bus forward as a result of which he fell down and sustained the injuries. Alleging negligence against the 2nd respondent, he filed the OP before the Tribunal under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.3,83,600/-. 2. Respondents 1 and 2, the owner and the driver of the offending bus, remained absent before the Tribunal. The 3rd respondent, insurer of the offending bus, filed a written statement admitting the policy. M.A.C.A.1214 of 2004 2 3. PWs.1 and 2 were examined and Exts.A1 to A21 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting 3rd respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the 2nd respondent and awarded a total compensation of Rs.69,454/- with interest @ 9% per annum from the date of petition till realisation and a cost of Rs.3000/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the appellant/claimant and the counsel for the 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 2nd 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 break up of the compensation amount awarded is as under: loss of earnings Rs.18,954/- treatment expenses 2,500/- transportation 1,000/- extra nourishment 1,000/- bystander's expenses 1,000/- pain and suffering 20,000/- loss of amenities 25,000/- 7. Counsel for the claimant pointed out that no compensation M.A.C.A.1214 of 2004 3 was awarded for the disability caused. The certificate produced by the claimant shows that he has suffered a permanent disability of 15%. But the fact remains that he is still in service. As PW.2 he testified that his family life is affected and his promotional prospects are reduced. Taking into consideration all these facts, we feel that a compensation of Rs.40,000/- would be reasonable for the disability caused, for the reduced prospects of promotion and for loss of future prospects of life. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 8. Thus the claimant is entitled to an additional compensation of Rs.40,000/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. The 3rd 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 mt/-