IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 9 of 2008()
1. SHAIJAN, S/O PRABHAKARAN,
... Petitioner
Vs
1. PAREED, S/O BAVAKUNJU,
... Respondent
2. K.M.MOIDEEN, KUPPLYAN HOUSE,
3. THE BRANCH MANAGER,
For Petitioner :SRI.DILIP J. AKKARA
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :09/04/2010
O R D E R
A.K.BASHEER & P.Q. BARKATH ALI, JJ.
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M.A.C.A. No. 9 of 2008
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Dated this the 9th day of April, 2008
JUDGMENT
Barkath Ali, J:
In this appeal under section 173 of the Motor Vehicles
Act claimant in O.P.(MV) No.3513 of 2001 of the Motor
Accidents Claims Tribunal, Thrissur challenges the
judgment and award of the Tribunal dated July 12, 2006
awarding a compensation of Rs.35,400/- for the loss caused
to the claimant, on account of the injuries sustained by him
in a motor accident.
2. The facts leading to this appeal, in brief, are these:-
The claimant is a coolie, aged 24 at the time of the accident
and used to earn 4,000/- per month, according to him. On
April 5, 2001 while he was cycling along Irrigation Canal
Bridge at Nellai, a tempo van bearing registration No. KL-7-
T 7896 came at a high speed and knocked him down. The
claimant sustained very serious injuries. According to the
claimant, the accident occurred due to the rash and
MACA 9/2008 2
negligent driving of the offending tempo van by the first
respondent. The first respondent as the driver, the second
respondent as the owner and third respondent as the
insurer of the offending tempo van are jointly and severely
liable to pay the compensation to the claimant. The claimant
claimed compensation of Rs.1,25,000/-
3. Respondents 1 and 2, the driver and owner of the
offending vehicle remained absent and were set ex parte by
the Tribunal. The third respondent, insurer of the offending
vehicle, filed a written statement, admitting the policy.
4. Exts. A1 to A9 were marked on the side of the
claimant. Exts.B1 to B3 were marked on the side of the
contesting third respondent. The Tribunal, on an
appreciation of the evidence, awarded a compensation of
Rs.35,400/- with interest at the rate of 7% p.a. from the date
of petition till realization with proportionate cost. 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
MACA 9/2008 3
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 first respondent is not challenged in this
appeal. Therefore, the only question for consideration is
whether the claimant is entitled to any enhanced
compensation.
7. The claimant sustained the following injuries, as
revealed from Ext.A3 copy of the wound certificate :-
1) Fracture shaft of right femur.
2) Superficial injuries frontal region.
3) Incised wound 1 x 5 c.m.
8. The Tribunal awarded a total compensation of
Rs.35,400/-. Break up of the compensation awarded is as
under:-
Loss of earning : Rs.Rs.6,000/-
Transportation : Rs.500/-
Extra nourishment : Rs.500/-
Damage to clothing : Rs.500/-
Treatment expenses : Rs.900/-
By-stander's expenses : Rs.2,000/-
Pain and sufferings : Rs.10,000/-
MACA 9/2008 4
Discomfiture : Rs.8,000/-
Loss of amenities : Rs.7,000/-
and enjoyment of life.
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Total : Rs.35,400/-
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9. The learned counsel for the appellant has mainly
sought enhancement of compensation for the loss of
amenities and enjoyment in life and for discomfiture. Ext.A6
certificate shows that the claimant has suffered shortening
of right lower limb and limitation of joints movements at the
right knee. Taking into consideration all these aspects for
the disability caused, we feel that a compensation of
Rs.12,000/- would be reasonable. Thus, on this count the
claimant is entitled to an additional compensation of
Rsw.4,000/-.
10. The Tribunal awarded Rs7,000/- for the loss of
amenities and enjoyment in life. Having regard to the fact
that the claimant has suffered shortening of right lower
limb, we feel that a compensation of Rs.15,000/- would be
reasonable on this count. Therefore, towards loss of
MACA 9/2008 5
amenities and enjoyment of life, the claimant is entitled to
an additional compensation of Rs.8,000/-. As regards the
compensation awarded under other heads, we find the same
to be reasonable and therefore, we are not disturbing the
same.
11. In the result, the claimant is entitled to an
additional compensation of Rs.12,000/- . He is entitled to
interest @ 9% from the date of petition till realization and
proportionate cost. The third respondent, being the insurer
of the offending tempo van 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 9/2008 6