IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 MACA.No. 3152 of 2009() ------------------------------------ OP(MV) .2898/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER ---------------------------------------- ALBERT P.X. S/O. XAVIER, PAZHAMPILLY HOUSE, EDAVANAKADU, COCHIN TALUK. BY ADV. SRI.T.I.DANIEL SMT.K.DEEPA (PAYYANUR) RESPONDENT(S): RESPONDENT -------------------------------------------------- 1. DENCIL, S/O. ANTONY, VALIAPARAMBIL HOUSE, EDAVANAKADU, COCHIN TALUK. 2. ANOTNY,S/O.JOSEPH, PADIARAM PARAMBIL, NARAKKAL. 3. THE ORIENTAL INSURANCE CO.LTD., RAVIPURAM, REPRESETNED BY TIS DIVISIONAL MANAGER, ERNAKULAM. R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 3152 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 10th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.2898 of 2002 on the file of the Motor Accidents Claims Tribunal, Ernakulam. In this appeal he challenges the judgment and award of the Tribunal dated March 16, 2009 awarding a compensation of Rs.42,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on March 19, 2000 at about 7.30 p.m. While the claimant was riding a motor cycle, it collided with another motor cycle ridden by the 1st respondent. Alleging negligence against the 1st respondent, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.1,50,000/-. 3. Respondents 1 to 3 are the rider, owner and insurer of the offending motor cycle. Respondents 4 to 6 who are the MACA 3152/2009 2 owner, rider and insurer of the motor cycle of the claimant were removed from the party array. Respondents 1 and 2 remained absent before the Tribunal. The 3rd respondent has filed a written statement admitting the policy but denied the negligence of the 1st respondent. 4. Exts.A1 to A9 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence on the part of the 1st respondent and awarded a compensation of Rs.42,000/- with interest @ 6% p.a. from the date of petition till date of award and thereafter @ 9% per annum till realization. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and learned 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 1st respondent is not seriously challenged in this appeal. MACA 3152/2009 3 Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.42,000/-. Break up of the compensation awarded is as under:- Hospitalization, : Rs. 3,000 transportation, attendant's Expenses, etc. Loss of earnings : Rs. 9,000 Pain and suffering : Rs.15,000 Discomforts & inconvenience : Rs.15,000 ------------------ Total : Rs.42,000 ======= 8. The learned counsel for the appellant/claimant sought enhancement of compensation for pain and suffering endured, for loss of amenities and enjoyment in life and on other heads. He pointed out that no compensation was awarded for the disability caused. 9. The claimant sustained contusion right eye, lacerated wounds right eyebrow, lacerated wound anterior aspect of mid 3rd of right leg with compound fracture mid 3rd of tibia and depressed fracture right zygoma. Taking into consideration the nature of the injuries sustained and the period of treatment the MACA 3152/2009 4 claimant had undergone, we feel that an additional compensation of Rs.25,000/- would be reasonable for disability caused. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 10. In the result, the claimant is found entitled to an additional compensation of Rs.25,000/- with interest @ 7.5% per annum from the date of petition till realization. The 3rd respondent, insurer of the offending vehicle, shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. 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. mn MACA 3152/2009 5