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 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 MACA.No. 1603 of 2005() ----------------------- OPMV.413/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/CLAIMANT -------------------------------- P.M.ARAVINDAKSHAN, S/O.RAMAN NAIR, NARRIYATH(H), R/AT KUTTUKKARAN(H), SENIOR SECTION ENGINEER IN RAILWAY, PUZHAKKAL VILLAGE P.O., MUTHUVARA,THRISSUR DT.,NOW WOKRING SR.SEC.ENGINEER ELECTRICAL, SOUTHERN RAILWAY, COIMBATORE JN., & STAYING AT RAILWAY QUTERS.,S.RAILWAY,COIMBATORE JN BY ADV. SRI.JAMES KURIAN SRI.SANTHOSH MODAYIL RESPONDENT(S): RESPONDENTS -------------------------- 1. N.SENTHIL KUMAR, S/O.K.NAGARARAN, AGED ABOUT 21 YEARS, 37, KUMARAN STREET, POLLACHI, TAMIL NADU STATE. 2. L.CHANDRA KUMAR, S/O.S.LAKSHMANAN, 944, KANNAPPAN NAGAR, MEENAKARAI ROAD, POLLACHI, TAMIL NADU STATE. 3. THE NEW INDIA INSURANCE CO. LTD., BRANCH (721201)5, RAJA HILL ROAD, TAMIL NADU STATE. 4. MOHAMMED KAIR, S/O.AMEER, 25-A, SUNNAMBUKALVAI, ITTERI, POLLACHI. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1603 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of November, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.413/2000 on the file of Motor Accidents Claims Tribunal, Thrissur. In this appeal, he challenges the judgment and award of the Tribunal dated March 11, 2005 awarding a compensation of Rs.82,000/- for the loss caused to him on account of the injuries sustained in a motor accident. He sustained head injury and depressed fracture left scapula in that accident which occurred on January 7, 2000 at about 5.45 p.m. 2. The accident happened while the claimant was riding his motor cycle bearing Reg.No.KLB/L 3784 and when he reached at Ayyanthole-Puzhakkal padom junction, the motor cycle dashed against the tempo van bearing Reg.No. T.N. 41 C 3322 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 Rs. 3,00,000/-. MACA.No.1603/2005 2 3. Respondents 1, 2 and 3 are the driver, owner and insurer of the offending tempo van. Fourth respondent is the present owner of the offending tempo van. Respondents 1, 2 and 4 remained absent before the Tribunal. The third respondent, the insurer of the offending tempo van filed a written statement admitting the policy. 4. Pws 1 and 2 were examined and Exts.A1 to A20 were marked on the side of the claimant before the Tribunal. Exts.B1 to B4 were marked on the side of the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending tempo van by first respondent and awarded a compensation of Rs. 82,000/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.2,800/-. 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.1603/2005 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 by the Tribunal is as under : Loss of earnings - Rs. 5,000/- Medical expenses - Rs.50,000/- Pain and suffering - Rs.12,000/- Loss of amenities - Rs.10,000/- Disability - Rs. 5,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. 9. The Tribunal awarded a compensation of Rs. 5,000/- for the disability caused. The claimant was aged 40 at the time of the accident and was earning Rs. 15,000/- per month as Senior Section Engineer in Railway as proved by Ext.A17 salary slip and Ext.A18 salary certificate. Ext.A11 is the certificate of disability issued by Dental Surgeon of Aswini Hospital certifying that claimant has suffered 10% permanent disability as his four teeth are dead. Ext.A12 is the certificate of disability issued by Orthopedic Surgeon to the effect that MACA.No.1603/2005 4 claimant has 12% orthopedic disability. In the light of the certificates- Exts.A11 and A12, we feel that the compensation awarded by the Tribunal for the disability caused is very low. Now, the claimant cannot lift heavy objects with his left hand and his fingers cannot be folded. Taking into consideration the above aspect, we feel that for the orthopaedic disability caused, a compensation of Rs. 50,000/- would be reasonable. 10. There is another aspect. Four of his teeth are dead. Therefore, for the dental disability, we feel that a compensation of Rs. 10,000/- would be reasonable. 11. 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. 12. In the result, the claimant is entitled to an additional compensation of Rs. 55,000/-. 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 MACA.No.1603/2005 5 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.1603/2005 6