IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1886 of 2005()
1. ROBLE R.JOHN, S/O.ABRAHAM JOHN,
... Petitioner
Vs
1. TOM THOMAS, S/O.THOMAS, KONDODICKAL
... Respondent
2. GOPI, S/O.RAMAN, KUTTIKATTU HOUSE,
3. NEW INDIA ASSURANCE CO.LTD.,
For Petitioner :SRI.JOHN VARGHESE
For Respondent :SRI.P.JAYASANKAR
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :17/02/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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M.A.C.A.No.1886 OF 2005
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Dated this the 17th day of February, 2010
JUDGMENT
Barkath Ali, J.
In this appeal under Section 173 of Motor Vehicles Act, the
claimant in O.P.(MV)NO.132/2002 Motor Accidents Claims Tribunal,
Kottayam challenges the judgment and award of the Tribunal dated
August 26, 2004 awarding a compensation of Rs. 20,203/- for the loss
caused to him on account of the injuries sustained in a motor accident.
2. The facts in brief are these :
The claimant was working as an air-conditioner mechanic and
was earning a monthly salary of Rs. 5000/-. On June 24, 2001 at about
7.00 p.m. while the claimant was travelling in a bus bearing Reg.No.
KL 5H/5165 along KK road driven by the second respondent and was
about to get down from the bus at Vadavathoor, the second respondent
took the bus forward negligently, as a result of which the claimant fell
down and sustained serious injuries. According to the claimant, the
accident occurred due to the negligence on the part of the second
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respondent, the driver. First respondent as the owner and second
respondent as the driver and third respondent as the insurer of the
offending vehicle are jointly and severally liable to pay compensation
to the claimants.
3. Respondents 1 and 2, the owner and driver of the offending
vehicle remained absent and were set ex parte before the Tribunal.
Third respondent, insurer of the offending vehicle, filed written
statement admitting the policy. Exts.A1 to A7 were marked on the side
of the claimant before the Tribunal. No evidence was adduced by the
contesting third respondent .
4. On an appreciation of evidence, the Tribunal awarded a
compensation of Rs. 20,203/- with interest and cost of Rs. 1300/-. The
claimant has now come up in appeal challenging the quantum of
compensation awarded by the Tribunal.
5. 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 is not seriously challenged in this appeal. Therefore
the only question which arises for consideration is whether the claimant
is entitled to any enhanced compensation. The claimants sustained the
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following injuries :
Avulsion of 4 teeth on the upper jaw and mobility Gr.I of 2 teeth
in the lower jaw and lacerated wound over left lip ,lateral side of face,
right eye and chin.
6. Ext.A3 is the wound certificate . He was hospitalised from
24-06-2001 to 2-07-2001 i.e. for 7 days. The Tribunal awarded the
compensation as follows :
Medical Bills -Rs. 3,953/-
Extra nourishment -Rs. 1,000/-
Damage to clothing &
Transport to hospital -Rs. 750/-
Loss of earning -Rs. 3,000/-
Pain and suffering -Rs. 4,500/-
Loss of teeth -Rs. 5,000/-
Loss of amenities -Rs. 2,000/-
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Rs. 20,203/-
=========
7. The Tribunal awarded Rs. 4500/- for pain and suffering.
Taking into consideration the nature of the injury sustained and the
period of treatment undergone by the claimant, we feel that a
compensation of Rs. 15,500/- would be reasonable on this count. Thus
on this count, he is entitled to an additional compensation of
Rs. 11,000/-.
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8. For the loss of teeth Rs. 5000/- was awarded by the
Tribunal. The claimant has lost 4 teeth . Therefore, we feel that a
compensation of Rs. 15000/- would be adequate on this count.
Therefore, on this head, he is entitled to an additional compensation of
Rs. 10,000/-. In all other respects, the compensation awarded by the
Tribunal appears to be reasonable.
9. In the result, the claimant is entitled to an additional
compensation of Rs. 21,000/-. He is entitled to interest @ 9% per
annum from the date of petition till realisation and proportionate cost.
Third respondent, the insurer, shall deposit the amount before the
Tribunal 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
sv.
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