IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2050 of 2005()
1. E.K. KUNJATHAN, AGED 40 YEARS,
... Petitioner
Vs
1. T. ISMAIL, S/O. MUHAMMED KUTTY,
... Respondent
2. M/S. UNITED INDIA INSURANCE CO. LTD.,
For Petitioner :SRI.JACOB ABRAHAM
For Respondent :SRI.V.JAYAPRADEEP
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :29/11/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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M.A.C.A.No.2050 OF 2005
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Dated this the 29th day of November, 2010
JUDGMENT
Barkath Ali, J.
Appellant is the claimant in O.P.(MV)No.161/1995 on
the file of II Additional Motor Accidents Claims Tribunal,
Kozhikode. In this appeal he challenges the judgment and
award of the Tribunal dated June 2, 2005 awarding a
compensation of Rs.38,000/- for the loss caused to him on
account of the injuries sustained by him in a motor accident.
2. He sustained the following injuries in the
accident :-
“1)Haematoma and abrasion right side of the
lower chest near right hypocondyle.
2) Abrasion right side of abdomen.
3) Suspected internal injury and questioned liver
injury.
4) Rib fracture.”
3. The accident happened on September 30, 1994
while the claimant was walking along the side of the road
and when he reached at Farook College Post Office, he was
MACA 2050/2005 2
knocked down by a jeep bearing Reg.No.KL-11/B 3528
driven by the second respondent in the O.P. Alleging
negligence against the second respondent in the O.P., the
claimant filed the O.P. before the Tribunal under Section
166 of Motor Vehicles Act claiming a compensation of
Rs.2,00,000/-.
4. Respondents 1 to 3 in the O.P. are the owner,
driver and insurer of the offending jeep. Respondents 1 and
2 in the O.P. remained absent before the Tribunal. Third
respondent in the O.P. filed a written statement before the
Tribunal admitting the policy.
5. The claimant was examined as PW1 and Exts.A1
to A8 and Ext.X1 were marked on the side of the claimant
before the Tribunal. No evidence was adduced by the
respondents before the Tribunal. The Tribunal on an
appreciation of the evidence found that the accident
occurred due to the rash and negligent driving of the
offending jeep by second respondent in the O.P. and
awarded a compensation of Rs.38,000/- with interest
MACA 2050/2005 3
@ 9% per annum from the date of petition till realisation
and a cost of Rs. 700/-. The claimant has now come up in
appeal challenging the quantum of 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 second respondent in the O.P. is 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 Tribunal awarded a total compensation of
Rs. 38,000/-. The break up of the compensation awarded is
as under :-
Pain and suffering - Rs. 19,000/-
Loss of amenities - Rs. 9,000/-
Medical expenses - Rs. 3,000/-
Economic loss - Rs. 4,000/-
Other counts - Rs. 3,000/-
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Total : Rs.38,000/-
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MACA 2050/2005 4
9. Counsel for the claimant sought enhancement of
compensation for the disability caused and on other heads.
10. The Tribunal did not award any compensation for
the disability caused, as no document was produced by the
claimant to show that the claimant has suffered any
disability due to the injuries sustained. It is seen from
Ext.A4 scan report and Ext.X1 case sheet issued from
Medical College Hospital, Kozhikode that the claimant
suffered injury on the liver and laprotomy was done.
Further he has suffered fracture of 4 ribs. All these facts
would show that the claimant has suffered some disability
due to the injuries. Taking into consideration the nature of
the injuries sustained and the fact that the claimant was a
coolie aged 50, we feel that a compensation of Rs.30,000/-
would be reasonable for the disability caused.
11. The Tribunal awarded Rs.19,000/- for pain and
suffering endured by the claimant. Having regard to the
nature of the injuries sustained and period of treatment the
claimant has undergone, we feel that a compensation of
MACA 2050/2005 5
Rs.25,000/- would be reasonable on this count. As regards
the compensation awarded under other heads, we find the
same to be reasonable and therefore we are not disturbing
the same.
12. In the result, the appellant/claimant is found
entitled to an additional compensation of Rs.36,000/- with
interest @ 9% per annum from the date of petition till
realization and proportionate cost. The second respondent
(third respondent in the O.P.) 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
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