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 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 MACA.No. 281 of 2009() ----------------------------- OPMV.2133/2003 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): CLAIMANT ------------------------------- GIREESH M. S/O.SADANANDHAN (LATE) AGED 23 YEARS,MELEDATH HOUSE, ERANHIKKAL POST, ELATHUR, KOZHIKODE. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): RESPONDENTS --------------------------------------- 1. SASI.N.,NADAMMAL HOUSE, EDAKKARA POST, CHELANNUR-VIA,KOZHIKODE. 2. THE NEW INDIA ASSURANCE CO.LTD TRIPURI BUILDING, EAST NADAKKAVU, CALICUT 673011. R2 BY ADV. SRI.A.C.DEVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 281 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 9th day of November, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.2133 of 2003 on the file of file of the Motor Accidents Claims Tribunal, Kozhikode. In this appeal he challenges the judgment and award of the Tribunal dated July 9, 2008 awarding a compensation of Rs.20,554/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. He sustained the following injuries in that accident that occurred on December 31, 2002 at 11.30 p.m.:- 1) D Grade III compound fracture of left ankle. X- ray revealed bimollear fracture left. 2) Head injury. ORIF and wound debridement were done 3. The accident happened while the claimant walking along the side of the road, he was knocked down by a motor cycle bearing registration No.KL-11-N-9564. Alleging negligence against 1st respondent/rider-cum-owner of the MACA 281/2009 2 offending motor cycle, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.3 lakhs. 4. The 1st respondent/owner-cum-rider of the offending motor cycle remained absent before the Tribunal. The 2nd respondent/insurer of the offending motor cycle filed a written statement admitting the policy. Exts.A1 to A3 and C1 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident happened due to negligence of the 1st respondent and awarded a compensation of Rs.20,554/- with interest at 7% p.a. from the date of petition till realization. The claimant has come up in appeal challenging the quantum of compensation. 5. Heard learned counsel for the appellant/claimant and learned counsel for 2nd respondent/Insurance Company. 6. The finding of the Tribunal that the accident happened due to negligence of the 1st respondent/rider of the motor cycle is not challenged in this appeal. Therefore, the MACA 281/2009 3 only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.20,554/-. Break up of the compensation amount awarded is as under:- Medical treatment : Rs. 1,000/- Incidental charges : Rs. 1,500/- Pain and suffering : Rs. 8,000/- Disability : Rs. 5,304/- Loss of income : Rs. 4,000/- Transportation : Rs. 750/- -------------------- Total : Rs.20,554/- ======== 8. Learned counsel for the claimant sought enhancement of the compensation for the disability caused and on other heads. 9. It is seen from the award that no compensation was awarded for the loss of amenities and enjoyment in life. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.10,000/- would be reasonable for the loss of amenities and enjoyment in life. As regards the compensation awarded under other MACA 281/2009 4 heads, we find the same to be reasonable and therefore not disturbing the same. 10. In the result, the claimant is found entitled to an additional compensation of Rs.10,000/- with interest @ 7% from the date of petition till realization. The 2nd respondent/Insurance Company is directed to deposit the amount 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 as above. The appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE mn.