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 9TH MARCH 2011 / 18TH PHALGUNA 1932 MACA.No. 53 of 2011() --------------------- OPMV.2248/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): PETITIONER ------------------------ A.SOMASEKHARAN, S/O. K.AYYAPPAN, CHARUVILA(H) PATTAZHI.P.O., KOLLAM. NOW RESIDING AT QUARTERS NO.E-6, PALLOM POWER HOUSE COLONY, PAKKIL.P.O., KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY RESPONDENTS/RESPONDENTS --------------- 1. MUHAMMED SHEEFEEK, MUKKADA, PALLIKAVALA, MATTAPPALLI, KUNNATHUNADU,PIN-683542. 2. THE NATIONAL INSURANCE CO. LTD., KOCHI-682001. 3. NITHYA SHIBU, ARATTUNYYLIL HOUSE, 14, UNIVERSITY ROAD, KALAMASSERY.P.O., ERNAKULAM-683104.PULIMKUNNU MURI,PULIMKUNNU VILLAGE,PIN-688504. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R2 SRI JACOB MATHEW FOR R2 BY ORDER SRI.P.JACOB MATHEW FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.53 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.2248/2006 on the file of Motor Accidents Claims Tribunal, Kottayam. In this appeal he challenges the judgment and award of the Tribunal dated November 10, 2010 awarding a compensation of Rs.51,757/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident that occurred on August 12, 2006 at about 10.p.m. : Lacerated wound 2 x 1 cm. on forehead, multiple abrasion around left eye, abrasion over right forearm, lacerated wounds 1 x 1 x 1 cm. and 2 x 1 cm. on right leg joint below knee. Open globe injury type B, grade D, pupil negative zone B. 2. The accident happened while the claimant was walking along M.C. road and when he reached near Pallam K.S.E.B. office, he was knocked down by a maruthi car bearing Reg.No.KL 7/T 6980 driven by the first respondent. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of MACA.No.53/2011 2 Rs. 1,70,000/-. 3. Respondents 1 and 3, the driver and the owner of the offending car remained absent before the Tribunal. The second respondent, the insurer of the offending car filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A12 series were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting second respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending car by first respondent and awarded a compensation of Rs.51,757/- with interest @ 7.5% per annum from the date of petition till realisation and a cost of Rs.1,000/-. 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 that the accident occurred due to the negligence on the part of the first respondent is not challenged in this appeal. Therefore, the only MACA.No.53/2011 3 question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.51,757/-. The break up of the compensation amount awarded is as under: Transport to hospital - Rs. 1,000/- Extra nourishment - Rs. 1,000/- Damage to clothing - Rs. 1,000/- Bystander expenses - Rs. 600/- Medical expenses - Rs. 3,410/- Loss of income - Rs.21,747/- Pain and suffering - Rs. 8,000/- Loss of amenities - Rs.15,000/- 8. Counsel for the claimant sought enhancement of compensation for the pain and suffering endured by the claimant. He pointed out that no compensation was awarded by the Tribunal for the disability caused. 9. No compensation is seen awarded by the Tribunal for the disability caused to the claimant. Ext.A9 certificate of disability shows that he has lost the vision of one eye and he has suffered a disability of 20%. Therefore, we feel that the claimant is entitled to compensation for the disability caused to him. Taking into consideration the above aspects, we feel that a compensation of Rs.50,000/- would be MACA.No.53/2011 4 reasonable for the disability caused to the claimant. 10. The Tribunal awarded Rs.8,000/- for the pain and suffering endured by the claimant. Having regard to the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 15,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 57,000/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. The second 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.53/2011 5 MACA.No.53/2011 6