Gopan vs Lalji P and the United India Insurance Company

Joseph Francis J.

This appeal is filed by the petitioner in O.P.(M.V.) No. 1001 of 2006 on the file of M.A.C.T., Alappuzha. The case of the petitioner in O.P.(M.V.) is briefly as follows. The accident occurred on 11.6.2005 at about 10.15 A.M. in front of S.B.T. at Punnapra on the Alappuzha - Kollam National Highway Road. At that time the petitioner was riding a motor cycle and when he stopped it for crossing the road, another motor cycle bearing Reg. No. KL-4/J-328 ridden by the first respondent in a rash and negligent manner hit on the motor cycle belonging to the petitioner as a result of which the petitioner sustained serious injuries. First respondent was the owner-cum-rider of the offending vehicle and second respondent was the insurer. The petitioner claimed Rs. 1,07,332/- as compensation.

First respondent remained ex-parte. Second respondent filed written statement admitting the policy of the offending vehicle and contended that the accident was not due to the negligence of the first respondent and that the compensation claimed is excessive. Before the Claims Tribunal no oral evidence was adduced from both sides. Exts. A1 to 10 were marked on the side of the petitioner. The Claims Tribunal on considering the evidence on record found that the accident was due to the rash and negligent driving of the first respondent and awarded a compensation of Rs. 26,447/- to the petitioner together with interest at the rate of 7.5% per annum from 31.8.2006 till the date of realisation from the respondents and the second respondent was ordered 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 learned counsel for the Insurance Company. Learned counsel for the appellant submitted that the compensation awarded is on the lower side and that the appellant is entitled to get enhanced compensation under various heads. Learned counsel for the Insurance Company supported the award.

The Claims Tribunal awarded compensation under various heads as follows:

Ext. A4 is the wound certificate and Ext. A6 is the discharge card showing that due to the accident the appellant was admitted in the Medical College Hospital, Alappuzha on 11.6.2005 and was discharged on 16.6.2005 and that in that accident the appellant sustained fracture of maxilla. Ext. A7 is the C.T. Scan report showing that due to the accident the appellant sustained the following injuries. (i) Suspicious fracture of lateral wall of right orbit (ii) Fracture of anterior wall and lateral wall of right maxillary sinus with displacement of bony fragment (iii) Haemosinus of right maxillary and ethmoid sinus and (iv) multiple fracture of right zygomatic bone. Ext. A9 is the salary certificate issued from K.S.E. Limited, Vedagiri, Kottayam stating that the appellant is a permanent employee of that company holding the post of Tally Clerk and his monthly salary is Rs. 4,462/- and that he was on leave from 11.6.2005 to 27.8.2005 and during this period he has not been paid any salary. In view of Ext. A9 certificate Rs. 11,000/- can be awarded towards compensation for loss of earning in the place of Rs. 9,000/- awarded by the Tribunal. Rs. 1,000/- can be awarded towards bystander expenses instead of Rs. 500/- awarded. Considering the nature of injuries sustained Rs. 10,000/- can be awarded towards compensation for pain and suffering instead of Rs. 8,000/- awarded. Rs. 15,000/- can be awarded towards compensation for loss of amenities in life in place of Rs. 5,000/- awarded. Thus in total the appellant is entitled to get Rs. 14,500/- as additional compensation.

Accordingly this appeal is allowed in part and the appellant is allowed to realise Rs. 14,500/- as additional compensation together with interest at the rate of 7.5% per annum from 31.8.2006 till the date of realisation from the respondents and the second respondent is directed to deposit the amount within three months from this date. There is no order as to costs.