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 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 MACA.No. 2577 of 2008() ----------------------- OPMV.1567/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): PETITIONER ------------------------ ANOOP V. NAIR, S/O. VISWAMBARAN NAIR, AGED 28 YEARS, MALIKAYIL HOUSE, ODAKKAL, ASSAMANNOOR POST, ERNAKULAM DISTRICT. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): RESPONDENTS --------------- 1. SARISH.P.S, S/O. K.S. SURENDRAN, PONJADY HOUSE, VAIKKARA POST. 2. SIVA SUBRAMANIAN, ATTIPATCHIRAYIL HOUSE, THOPPUMPADY POST, COCHIN-5. 3. UNITED INDIA INSURANCE CO. LTD., TRIPUNITHURA. ADV. SRI.N.S.MOHAMMED USMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 27/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2577 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of September, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1567/2003 on the file of Motor Accidents Claims Tribunal, Perumbavoor. He sustained the following injuries in a motor accident that occurred on April 24, 2003 early in the morning. 1. Lacerated wounds 3 in number on the nose. 2. Bleeding from the nose. 3. Bilateral black eye. 4. Fracture of nasal bone. 5. C.T.scan showed pneumocephalus with multiple fractures in the frontal bone, right orbit and anterior wall of right maxillary sinus. 2. The accident happened while the claimant was riding his motor cycle bearing Reg.No.KL-17/2876 along Vaikkara-Methala road and when he reached at Thalapuncha, it dashed against another motor cycle bearing Reg.No.KL-7/B-6499 ridden by the first respondent. Alleging negligence against the first respondent, the claimant filed the MACA.No.2577/2008 2 O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 2,50,000/-. 3. Respondents 1 and 2, the rider and the owner of the offending motor cycle remained absent before the Tribunal. The third respondent, the insurer of the offending motor cycle filed a written statement admitting the policy. 4. Exts.A1 to A10 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent riding of the offending motor cycle by first respondent and awarded a compensation of Rs. 1,00,210/- with interest @ 7% interest per annum from the date of application till 30-6-2007 and thereafter at 7.5% per annum till realisation. 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 Company. 6. The accident is not disputed. The finding of the Tribunal MACA.No.2577/2008 3 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. 7. The break up of the compensation awarded is as under : Loss of earnings - Rs. 7,500/- Treatment expenses - Rs.63,710/- Transportation exp. - Rs. 2,000/- Damage to clothing - Rs. 250/- Pain and suffering - Rs.15,000/- Loss of amenities - Rs.10,000/- Attendant's charges - Rs. 750/- Extra nourishment - Rs. 1,000/- 8. Counsel for the claimant pointed out that no compensation was awarded for the disfigurement caused and also for treatment expenses. It is seen from Ext.A10 discharge summary issued from Matha Hospital, Kottayam that claimant sustained fracture of nasal bone and also fractures on the head. It is stated therein that he has residual deformity of forehead. It is clear from Ext.A10 that he has suffered disfigurement on the face and therefore he should have been granted compensation for the same. Further, the said certificate shows that for the correction of the nasal bone surgery is necessary. Taking MACA.No.2577/2008 4 into consideration all these aspects, we feel that for the disfigurement caused and for future treatment expenses, a compensation of Rs. 25,000/- would be reasonable . 9. The Tribunal awarded Rs. 10,000/- for loss of amenities and enjoyment in life which appears to be very low. Taking into consideration the nature of the injury sustained by the claimant, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. 10. For the pain and suffering endured, the Tribunal awarded a compensation of Rs. 15,000/-. Having regard to the nature of the injury sustained, we feel that a compensation of Rs.20,000/- would be reasonable on this count. 11. The Tribunal awarded Rs. 7,500/- towards loss of income for three months @ Rs. 2,500/- per month. The claimant is a practicing lawyer aged 24 at the time of the accident. Therefore, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 4,000/- per month. Therefore, towards loss of earnings, he is entitled to a compensation of Rs. 12,000/-. Thus on this count, the claimant is entitled to an additional compensation of Rs. 4,500/-. As MACA.No.2577/2008 5 regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 12. In the result, the claimant is found entitled to an additional compensation of Rs. 44,500/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation and proportionate cost. The third 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 sv. MACA.No.2577/2008 6 MACA.No.2577/2008 7