IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 MACA.No. 254 of 2006 ---------------------- OP(MV).479/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPLICANT/PETITIONER:- ---------------------------------- SHIBU P.J., S/O. A.J. JOSEPH, PUTHANPURAYIL HOUSE, PATHIRIKKODE P.O., MELATTUR. BY ADV. SRI.BINDU SREEKUMAR SRI.C.M.KAMMAPPU RESPONDENT(S): RESPONDENTS: --------------------------- 1. M. MANJUNATH, S/O. MAHADEVAPPA, VIVEKANDA NAGAR, NERELE P.O., NANJANKODE TALUK, MYSORE (DRIVER). 2. A. GIREESH, S/O. APPAJI GOWDA, FOREST QUARTERS, HUNSUR P.O. (OWNER). 3. UNITED INDIA INSURANCE CO. LTD., MYSORE (INSURER). BY ADV. SRI. JOHN JOSEPH VETTIKAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 254 of 2006 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 16th day of December, 2011 JUDGMENT Ramkumar, J. In this appeal filed under section 173 of the Motor Vehicles Act, 1988 (“M.V. Act” for short) the appellant who was the injured/claimant in OP(MV) No.479/2001 on the file of the Motor Accidents Claims Tribunal, Manjeri seeks enhancement of the compensation awarded to him. 2. While the appellant was riding his motor cycle from Nilambur to Pathricode on 28-8-2000, one Ambassador car came from the opposite direction and dashed against the motor cycle of the appellant at about 3.30 p.m. at a place called “Cherukode”. As a result of the accident, the appellant was thrown of the road and he sustained compound fracture of right shaft femur and lacerated wound right knee and lacerated wound right leg. On the date of the accident he was 30 years and working as a Junior Field Officer in the Rubber Board and earning a monthly salary of Rs.7,000/-. He was hospitalized for 22 MACA 254/2006 2 days. He claimed a total compensation of Rs.3 lakhs in the O.P.(MV). The offending car was insured with the United India Insurance Company. 3. The Tribunal below awarded a sum of Rs.500/- towards transport to hospital, Rs.2,200/- towards extra- nourishment and bystander’s expenses, Rs.42,688/- towards medical expenses (supported by medical bills), Rs.10,000/- for pain and suffering and Rs.20,000/- for loss of amenities, totaling to Rs.75,388/-. Dissatisfied with the said award, the appellant has preferred this appeal. 4. We heard the learned counsel for the appellant as well as Adv.Sri.John Joseph Vettikad, the learned counsel for the Insurance Company. 5. The Tribunal has not awarded any amount towards disability. The Tribunal has not taken into consideration the disability, as revealed by Ext.X1 disability certificate. We are of the view that the Tribunal was not justified in not awarding any compensation for the continuing permanent disability on account of the accident. Since the total amount of Rs.75,388/- awarded by the Tribunal consists of MACA 254/2006 3 Rs.42,388/- medical expenses supported by medical bills, in effect the compensation awarded to the appellant is only Rs.32,700/-, which, according to us, is very much on the lower side. We are of the view that taking into account the entire facts and circumstances of the case and the fact that the appellant continued to be in his employment in the Rubber Board, a consolidated sum of Rs.75,000/- in addition to the amount awarded by the Tribunal will be just compensation to the appellant. 6. Accordingly, this appeal is disposed of holding that the appellant is entitled to an enhanced compensation of Rs.75,000/-, which shall bear interest at the rate of 7.5% per annum from the date of O.P.(MV) till realization. The appellant is entitled to proportionate costs. The Insurance Company shall deposit the amount within two months from today. V.RAMKUMAR, JUDGE P.Q.BARKATH ALI, JUDGE mn.