Kunhappu vs Salim Kakkamoolakkal

Johnson John, J.

The appellant was the petitioner in O.P.(MV) No. 1036 of 2017 on the file of the Motor Accident Claims Tribunal, Manjeri.

According to the appellant, he was travelling as pillion rider in a motorcycle on 28.06.2017 at about 5 p.m., and when the vehicle reached at Kondotty, car driven by the 1st respondent in a rash and negligent manner caused to hit the motorcycle and thereby, he sustained serious injuries. The 2nd respondent is the owner of the offending vehicle and the 3rd respondent is the insurer.

The Tribunal conducted joint trial along with the connected O.P. (MV) No. 1035 of 2017 and from the side of the petitioners, Exhibits A1 to A11 were marked and no evidence was adduced from the side of the respondents.

After trial and hearing both sides, the Tribunal arrived at the conclusion that the accident occurred due to the negligence on the part of the 1st respondent and awarded a total compensation of Rs.51,000/-to the appellant/petitioner. According to the appellant, the compensation granted by the Tribunal under various heads are inadequate and therefore, interference by this Court is required.

Heard Sri. Rakesh K., the learned counsel appearing for the appellant and Sri. Saigy Jacob Palatty, the learned counsel appearing for the 3rd respondent.

The learned counsel for the appellant argued that the Tribunal granted loss of earning only for one month and a perusal of Exhibits A9 and A10 would show that the appellant availed treatment on 15.08.2017 and that he has also undergone root canal treatment of both the central incisors on 24.08.2017. Therefore, considering the nature of injuries and period of treatment, I find that the appellant is entitled for loss of earning for a period of two months and therefore, an additional amount of Rs.11,500/- is granted to the appellant towards loss of earning.

Exhibit A5 wound certificate and Exhibits A9 and A10 treatment records of the petitioner would show that he sustained Ellis class III fracute and Ellis class V fracture of 2 upper incisors, lacerated wound over right eyebrow and fracture of segment of the incisors. From Exhibit A10, it can be seen that he has undergone root canal treatment of both the central incisors on 24.08.2017. The Tribunal granted only Rs.10,000/- towards pain and suffering and considering the nature of injuries and period of treatment, I find merit in the argument of the learned counsel for the appellant that enhancement of compensation is required under the head pain and suffering. Accordingly a further sum of Rs.10,000/- is awarded towards pain and suffering. I find that the amount awarded by the Tribunal under other heads are reasonable.

Accordingly, the appellant is entitled to the enhanced compensation as given below:

Particulars

Compensation    awarded by the Tribunal (Rs.)

Additional amount   granted by    this    Court

(Rs.)

Loss of earnings

11,500/-

11,500/-

Compensation    for pain and sufferings

10,000/-

10,000/-

Total enhanced compensation

21,500/-

Thus, a total amount of Rs.21,500/- (Rupees Twenty One Thousand Five Hundred only) is awarded as enhanced compensation. The said amount shall carry interest at the rate of 9% per annum from the date of the application till realization (excluding the period of delay of 17 days in filing the appeal). The appellant would also be entitled to proportionate costs in the case. The claimants shall furnish the details of the bank account to the insurance company for transfer of the amount.

The appeal is allowed as above.