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 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 MACA.No. 685 of 2005() ---------------------- OPMV.1822/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER ---------------------------------- SUBRAMANIAN, S/O.NACHIMUTHU, AGED AT 40, KALINGARAYAR STREET, POLLACHI, TAMIL NADU. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SRI.LEJU T.BALAN RESPONDENT(S): RESPONDENTS --------------- 1. UNIVERSAL FERTILIZER CORPORATION, 10, ANNAMALAI CHETTIAR STREET, SAI BABA COLONY, COIMBATORE P.O., TAMIL NADU. 2. G.NATARAJAN, S/O.GURUSWAMY, RESIDING AT UDUMALPET ROAD, P.O. POLLACHI, TAMIL NADU. 3. THE ORIENTAL INSURANCE COMPANY LTD., P.B.NO.16, TOWN POLICE STATION ROAD, P.O.POLLACHI, TAMIL NADU. ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No.685 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of February, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimants in O.P.(MV)No.1822/1993 of Motor Accidents Claims Tribunal, Thissur challenges the judgment and award of the Tribunal dated July 7, 2994 awarding a compensation of Rs. 2,13,900/- for the loss caused to him on account of the injury sustained in a motor accident. 2. The facts in brief are these : On April, 26, 1993 at about 12'0 clock in the noon, the claimant was riding his motor cycle bearing Reg.No.TDC 2260 along Thrissur -Palakkad National Highway and when he reached at Pananchery, a lorry bearing Reg.No.TAG 1100 driven by the second respondent came at a high speed and dashed against the motor cycle of the claimant. The claimant sustained serious injuries in the accident. The pillion rider Ravindran also sustained injuries. According to the claimant, the accident occurred due to the MACA.No.685/05 Page numbers rash and negligent driving of the offending lorry by the second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending lorry are jointly and severally liable to pay compensation to the claimant. 3. First respondent, the owner of the offending lorry remained absent and was set ex parte before the Tribunal. No relief was sought against the second respondent, the driver of the offending lorry. Third respondent, the insurer of the offending lorry filed a written statement admitting the policy and further contending that there was also negligence on the part of the claimant. PW1 was examined and Exts.A1 to A9 and Exts.B1 to B8 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. 4. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence on the part of the second respondent and awarded a compensation of Rs. 2,13,900/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA.No.685/05 Page numbers 5. The Tribunal awarded compensation as follows : Loss of earning -Rs. 10,000/- Transport to hospital -Rs. 2,000/- Extra nourishment -Rs. 1,500/- Attendant's expenses -Rs. 3,000/- Pain and suffering -Rs. 25,000/- Loss of earning power -Rs. 10,000/- Medical expenses -Rs. 4,000/- Disability -Rs.1,22,400/- ----------------- Rs. 2, 13,900/- ========== 6. The claimant sustained compound fracture of right leg and fracture of right knee cap. His right big toe was amputated. Ext.A3 is the copy of the wound certificate. Ext.A4 series are the medical bills. Ext.A5 is the disability certificate which shows that the claimant has suffered a permanent disability of 65%. Ext.A6 is the discharge card from the hospital. Ext.A7 series are the photographs showing the present appearance of the petitioner's right leg. Ext.A8 is the case summary and discharge card. 7. On considering the nature of the injury sustained and the period of treatment the claimant has undergone, we feel that the Tribunal has awarded just and reasonable compensation. We find no MACA.No.685/05 Page numbers reason to disturb the same. 8. There is another aspect. The Tribunal awarded interest only at the rate of 6% per annum which appears to be very low. The claimant will be entitled to interest @ 7.5% per annum from the date of petition till realisation. In the circumstances, parties shall bear their own cost. In the result, the Appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.685/05 Page numbers