IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 MACA.No. 218 of 2005(B) ---------------------- OPMV.607/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/CLAIMANT -------------------------------- THOMAS VARGHESE, AGED 45 YEARS, S/O. KOCHUVAREED, VALOORAN HOUSE, EDAPPALLY P.O., ERNAKULAM, COCHIN-24. BY ADV. SRI.MATHEW SKARIA RESPONDENT(S): RESPONDENTS -------------------------- 1. SHIBU K.S. S/O. JOHN, KOLARAKKAL HOUSE, SOUTH CHITTOOR, COCHIN. 2. MRS.I.S.GEETHA, KATTOOR HOUSE, PADIVATTOM, EDAPPALLY, COCHIN-24. 3. THE ORIENTAL INSURANCE CO.LTD., EDAPPALLY BRANCH. 4. M/S. S.C.BROTHERS LORRY TRANSPORTS, X/311 NEW CHURCH ROAD, THRISSUR. 5. THE NATIONAL INSURANCE CO.LTD., OMALLOOR MAIN ROAD, SALEM -4. ADV. SRI.S.NIRMAL KUMAR FOR R1 SRI.P.JAYASANKAR FOR R5 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 SRI.MATHEW SKARIA FOR ADDL.R2-4 SRI.JOSE THOMAS (PEEDIKAYIL) FOR ADDL.R2-4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 218 of 2005 ------------------------------------------------------ Dated: AUGUST 30, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in OP(MV) 607/1996 on the file of the Motor Accidents Claims Tribunal, Ernakulam. He sustained the following injuries in a motor accident that occurred on August 3, 1994 at Koratty Junction on the National Highway: “Posterior lateral disloction right knee, Fracture right 2nd rib. Fracture C7 Lamina and Lacerated wound face.” 2. The accident happened while a car bearing registration No.KLQ-7923 driven by the 1st respondent in which the claimant was travelling, collided head on with a lorry bearing registration No.KL- 8/A216. Alleging negligence against the drivers of both the vehicles, the claimant filed the OP before the Tribunal under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.15,00,000/-. 3. Respondents 1 and 2, the driver and the owner of the car, and the 4th respondent, the owner of the lorry, remained absent before the Tribunal. Only respondents 3 and 5, the insurers of the M.A.C.A.218 of 2005 2 respective vehicles, entered appearance. They admitted the policy of the respective vehicles, but attributed negligence to the driver of the other vehicle. 4. The claimant was examined as PW.1 and the medical officers who treated the claimant were examined as PWs.2 to 4. The Senior Manager of the South Indian Bank, Kalamassery, was examined as PW.5 to prove the employment of the claimant. Exts.A1 to A14 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondents. On an appreciation of evidence the Tribunal found that the accident happened due to the negligence of the 1st respondent, the owner of the car, and awarded a total compensation of Rs.2,10,400/- against respondents 1 to 3 with interest at the rate of 9% per annum from the date of petition till realisation and proportionate cost. 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 Companies. 6. The break up of the compensation amount awarded is as under: transportation Rs.5000/- damage to clothing 1000/- extra nourishment 3000/- M.A.C.A.218 of 2005 3 attendant's expenses 3000/- medical expenses 12000/- miscellaneous expenses 8000/- pain and suffering 30000/- loss of amenities 20000/- loss of earnings 98400/- present difficulties 20000/- future treatment 10000/- 7. Counsel for the claimant pointed out that no compensation was awarded for the disability caused. He also sought enhancement of the compensation on other heads. 8. The claimant was working as a Clerk in the South Indian Bank and was receiving a monthly salary of Rs.5130/- as revealed from Ext.A14 salary statement. The Tribunal did not award any compensation on the ground of disability as the claimant is still employed in the Bank. PW.2, the Orthopaedician of Lissie Hospital, Ernakulam, testified that the claimant has now unstable right knee with rupture of right patella ligament and post traumatic quadri paresis. Ext.A9 is the certificate issued by him. PW.3, the Neuro Surgeon, has advised him to take the MRI scan of the claimant which he did not take. Ext.P10 is the certificate. According to PW.4, the Psychiatrist, the claimant was suffering from stress disorder and depression after the accident. Ext.A11 is the certificate issued by him. On going through the evidence of PWs.2, 3 and 4 doctors and M.A.C.A.218 of 2005 4 the certificate Ext.9, 10 and 11, the claimant has now the above mentioned disabilities. 9. Taking into consideration the age and occupation of the claimant and the nature of the disability described in Exts.A9, 10 & 11 we feel that a compensation of Rs.75,000/- would be reasonable for the disability caused to the claimant. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 10. Thus the claimant is entitled to an additional compensation of Rs.75000/-. He is entitled to interest @ 9% per annum from the date of petition till the date of award and thereafter at 7.5% per annum. 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/-