E.V. Jayaprakash vs P.V. Rajan, Jerald and M/S. National insurance co. Ltd.

Joseph Francis, J.—This appeal is filed by the petitioner in O.P.(M.V.) No. 1797 of 2004 on the file of the Motor Accidents Claims Tribunal, Thrissur. The case of the petitioner in the O.P.(M.V.) is briefly as follows : While the petitioner was riding his bicycle from Peringottukara to Cherpu through the public road, the Bajaj Tempo Minidor (goods vehicle) bearing No. KL-8-M/2113 driven by the second respondent hit against the rear side of the petitioner''s bicycle and caused grievous injuries to the petitioner and damage to the bicycle. The accident occurred solely due to the rash and negligent driving of the second respondent. The first respondent was the owner of the offending vehicle and the third respondent was the insurer. The petitioner claimed Rs. 1,50,500/- as compensation.

The first respondent remained ex parte. The second respondent filed written statement contending that the accident was due to the negligence of the petitioner. The third respondent filed written statement admitting the policy of the offending vehicle and contended that the accident was not due to the negligence of the second respondent and that the compensation claimed is excessive.

Before the Claims Tribunal, no oral evidence was adduced from both sides. Exts. A1 to A10 and B1 and B2 were marked. The Tribunal, on considering the evidence on record, found that the accident was due to the rash and negligent driving of the second respondent and awarded a compensation of Rs. 33,500/- to the petitioner together with interest at the rate of 8% per annum from the date of petition till the date of realization from the respondents and the third respondent was directed to deposit the amount as the insurer. Being dissatisfied with the quantum of compensation awarded, the petitioner filed this appeal.

Heard the learned counsel for the appellant and the learned counsel appearing for the Insurance Company.

The learned counsel for the appellant submitted that the compensation awarded is very low and that the appellant is entitled to get enhanced compensation under various heads. The learned counsel appearing for the Insurance Company supported the award.

The Tribunal awarded compensation under various heads as follows :

Ext. A4 is the copy of wound certificate which would show that due to the accident, the petitioner sustained the following injuries :

Lacerated wound on chin (Rt) side, fracture of the crown of 1st molar (Lt) upper jaw, abrasion Rt. Elbow back side, injury to the Rt. Tepero Mandibular joint, fracture to tooth 8/67 and damages to 3 other teeth. The petitioner was treated as inpatient for 2 days.

According to the petitioner, he is a Clerk in Kannady Madom, Peringottukara, Thrissur. The Tribunal took Rs. 2,500/- as the monthly income of the petitioner, which according to us is on the lower side and we fix the monthly income of the petitioner as 5,000/-. Rs. 5,000/- can be awarded towards compensation for loss of earnings for one month, instead of Rs. 2,500/- awarded by the Tribunal. Rs. 1,000/- can be awarded towards damage to clothings. Rs. 500/- can be awarded towards bystander expenses instead of Rs. 300/- awarded by the Tribunal. Rs. 15,000/- can be awarded towards compensation for loss of amenities in life instead of Rs. 10,000/- awarded. Thus, in total, the petitioner is entitled to get Rs. 9,700/- as additional compensation.

Accordingly, this appeal is allowed in part and the appellant/petitioner is allowed to realize Rs. 9,700/- as additional compensation together with interest at the rate of 7.5% per annum from the date of petition till the date of realization from the respondents and the third respondent is directed to deposit the amount within three months from this date. There is no order as to costs.