IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2134 of 2010()
1. K.FIROZKAN, S/O.MOIDEENKUTTY,
... Petitioner
Vs
1. UNITED INDIA INSURANCE CO.LTD.,
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent :SRI.A.R.GEORGE
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :15/11/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
- - - - - - - - - - - - - - - - - - - - -
M.A.C.A.No.2134 OF 2010
- - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 15th day of November, 2010
JUDGMENT
Barkath Ali, J.
Appellant is the claimant in O.P.(MV)No.157/2002 on the file of
Motor Accidents Claims Tribunal, Manjeri. In this appeal he
challenges the judgment and award of the Tribunal dated February 21,
2006 awarding a compensation of Rs.1,08,790/- for the loss caused to
him on account of the injuries sustained in a motor accident.
2. He sustained the following injuries in that motor accident
that occurred on May 4, 1998 at about 5.45 p.m. :
Compound fracture of both bone leg. Fracture of Head
of ( L) Radius, T shaped wound on outer medial aspect
of left leg about 20 cm. long, Tibia stripped off
periocteium is exposed 15 cms.
3. The accident happened while the claimant was pillion
riding on the motor cycle from Poolamanna to Vettathur and when he
reached at Melattur-Perinthalmanna public road, the motor cycle
dashed against the jeep bearing Reg.No.KL-10/B 7932 driven by the
first respondent in the O.P.. Alleging negligence against the first
respondent in the O.P., the claimant filed the O.P. before the Tribunal
MACA.No.2134/2010 2
under Section 166 of Motor Vehicles Act claiming a compensation of
Rs. 3,00,000/-.
4. Respondents 1, 2 and 5 in the O.P. are the driver, owner
and insurer of the offending jeep. Respondents 3 and 4 in the O.P. are
the rider and owner of the motor cycle in which the claimant was
pillion riding. Respondents 2, 3 and 4 in the O.P. remained absent
before the Tribunal. First respondent in the O.P., the driver of the
offending jeep though entered appearance did not file any written
statement. The fifth respondent in the O.P. ( respondent in this appeal),
the insurer of the offending jeep, filed a written statement admitting the
policy, but denied the liability.
5. PW1 was examined and Exts.A1 to A8 were marked on
the side of the claimant before the Tribunal. No evidence was adduced
by the contesting respondents in the O.P. before the Tribunal. The
Tribunal on an appreciation of evidence found that the accident
occurred due to the rash and negligent driving of the offending jeep by
first respondent in the O.P. and awarded a compensation of
Rs. 1,08,790/- with interest @ 6% per annum from the date of petition
till realisation and a cost of Rs.750/- against respondents 1, 2 and 5.
The claimant has now come up in appeal challenging the quantum of
MACA.No.2134/2010 3
compensation awarded by the Tribunal.
6. Heard the counsel for the appellant/claimant and the
counsel for the Insurance Company.
7. 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 in the O.P. and that the claimant sustained the injuries
mentioned above in that accident are not challenged in this appeal
Therefore, the only question which arises for consideration is whether
the claimant is entitled to any enhanced compensation.
8. The break up of the compensation awarded by the Tribunal
is as under :
Transport to hospital - Rs. 4,200/-
Extra nourishment and bystander
expenses - Rs. 7,200/-
Medical expenses - Rs.87,390/-
Pain and suffering - Rs.10,000/-
9. Counsel for the claimant sought enhancement of
compensation for the pain and suffering endured, for loss of amenities
and enjoyment in life, for extra nourishment and for bystander
expenses and on other heads.
10. The Tribunal awarded Rs. 10,000/- for pain and suffering
endured by the claimant which appears to be very low. Taking into
MACA.No.2134/2010 4
consideration the nature of the injury sustained by the claimant, we feel
that a compensation of Rs. 35,000/- would be reasonable on this count.
11. No compensation was awarded by the Tribunal for loss of
amenities and enjoyment in life. Having regard to the nature of the
injury sustained, we feel that a compensation of Rs. 25,000/- would be
reasonable for loss of amenities and enjoyment in life.
12. The Tribunal awarded Rs. 7,200/- for extra nourishment
and bystander expenses. Taking into consideration the period of
treatment the claimant has undergone, we feel that a compensation of
Rs. 10,000/- would be reasonable on this count.
13. The claimant was aged 26 and was employed in Saudi
Arabia earning Rs. 10,000/- per month, according to the claimant.
Taking into consideration the above aspect, we feel that the monthly
income of the claimant can be reasonably fixed at Rs. 4,000/-. The
nature of the injuries sustained by the claimant shows that he must have
been disabled for six month for which he is entitled to a compensation
of Rs. 24,000/-. As regards the compensation awarded under other
heads, we find the same to be reasonable and therefore are not
disturbing the same.
14. There is another aspect in this case. The Tribunal awarded
MACA.No.2134/2010 5
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.
15. In the result, the claimant/appellant is found entitled to an
additional compensation of Rs. 76,800/- with interest @ 7.5% per
annum from the date of petition till realisation for the compensation
already awarded and also for the enhanced compensation and
proportionate cost. The fifth respondent in the O.P./respondent herein,
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.2134/2010 6