IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 MACA.No. 2092 of 2005() ----------------------- OPMV.573/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/CLAIMANT -------------------------------- KEERAN, S/O.KOLAVAN, ADANGAMPURAM HOUSE, NARUKARA POST, MALAPPURAM. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENT(S): --------------- 1. MOHAMMAD YASSER.V.P., S/O.AZEEZ, VALIYAPARAMBIL HOUSE, N.S.S.COLLEGE POST, MANJERI, MALAPPURAM. 2. K.M.JOSE, S/O.MATHEW, KUNNUMPURATH HOUSE, PAYYANAD POST, MALAPPURAM. 3. M/S.UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, ARAFA BUILDING, MANJERI, MALAPPURAM. 4. K.SATHYAN, S/O.KELU, KIZHEDATH HOUSE, POOKOTTUR POST, MALAPPURAM (OWNER OF MOTOR CYCLE). ADV. SRI.K.M.SATHYANATHA MENON FOR R2 SRI.J.MATHAPPAN FOR R3 SMT.D.GEETHA FOR R3 SRI.AGINOV MATHAPPAN FOR R3 SMT.K.SHERIN MOHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2092 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of September, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.573/2001 on the file of Motor Accidents Claims Tribunal, Manjeri. He sustained the following injuries in a motor accident that occurred on January 5, 2001 at about 4 p.m.: Fracture right femur with haemetoma, multiple abrasion both upper limbs. 2. The accident happened while the claimant was doing fencing work on the side of the road, he was knocked down by a motor cycle ridden 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 Rs. 1,00,000/-. 3. Respondents 1 and 4, the rider and the owner of the offending motor cycle remained absent before the Tribunal. MACA.No.2092/2005 2 Respondent No.2 filed a written statement denying the ownership of the vehicle. The third respondent, the insurer of the offending motor cycle filed a written statement admitting the policy and further contended that respondent No.1 was not having valid and effective driving licence. 4. This O.P. was jointly tried along with another O.P. filed by the pillion rider of the offending motor cycle and a common award was passed by the Tribunal. Exts.A1 to A5 were marked on the side of the claimant before the Tribunal. On the side of the contesting respondents, Exts.B1 to B3 were marked. The Tribunal on an appreciation of evidence awarded a compensation of Rs. 15,556/- with interest @ 6% 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 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 MACA.No.2092/2005 3 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 : Transport to hospital - Rs. 500/- Extra nourishment and bystanders expenses - Rs.1,100/- Medical expenses - Rs.4,956/- Pain and suffering - Rs.9,000/- 8. Counsel for the claimant sought enhancement of compensation for the loss of amenities and enjoyment in life, for pain and suffering endured and for loss of earnings. 9. According to the claimant, he was a coolie earning Rs. 3,750/- per month at the time of the accident. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 2,500/-. Taking into consideration the nature of the injuries sustained by the claimant, we feel that he must have been disabled atleast for three months. Therefore, he is entitled to a compensation of Rs. 7,500/- ( 2,500 x 3) towards loss of earnings for three months. MACA.No.2092/2005 4 10. The Tribunal awarded Rs. 9,000/- towards pain and suffering endured by the claimant. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 10,000/- would be reasonable on this count. 11. No amount is seen awarded for the loss of amenities and enjoyment in life. Having regard to the nature of the injuries sustained, we feel that a compensation of Rs. 5,000/- wound be reasonable for the loss of amenities and enjoyment in life. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 12. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum which appears to be very low. The claimant 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. 13. In the result, the claimant is found entitled to an additional compensation of Rs. 13,500/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensatin MACA.No.2092/2005 5 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.2092/2005 6