T.Siyad Abdurahiman v. Bichu Pathummay
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937 MACA.No. 2918 of 2008 ( ) -------------------------- AGAINST THE AWARD IN OPMV 1215/2003 of PRINCIPAL M.A.C.T.,KOZHIKODE DATED 04-04-2008 APPELLANT/APPELLANT:
-------------------------------------------- T.SIYAD ABDURAHIMAN S/O.HASSAN, AGED 29 YEARS, RESIDING AT THONDIYIL HOUSE, NEAR RAHMAN BAZAR, KOLATHARA POST KOZHIKODE.
BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS/RESPONDENTS:
----------------------------
1. BICHU PATHUMMAY W/O.ALIKUTTY, RESIDING AT CHENNIKKOTTU HOUSE, 13/722 BEYPORE POST, KOZHIKODE (DELETED)
2. FIROZKHAN,S/O. HAMEED, AGED 26 YEARS KALATHIL PARAMBU HOUSE, NALLALAM POST, KOZHIKODE. (DELETED)
3. THE UNITED INDIA INSURANCE CO.LTD DIVISIONAL OFFICE NO.11, P.B.NO. 192, SEEMA TOWER MAVOOR ROAD, KOZHIKODE.
* R1 AND R2 ARE DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DATED 26.2.2015 IN I.A.NO.677/2015 R3 BY ADV. SMT.T.C.SOWMIAVATHY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R.RAMACHANDRAN NAIR & K.P.JYOTHINDRANATH, JJ.
- - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2918 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of June, 2015
JUDGMENT
Ramachandran Nair, J.
This appeal by the claimant, mainly raises a complaint regarding the inadequacy of the compensation awarded by the Tribunal. The total compensation awarded by the Tribunal is only `10,000/-. The accident occurred on 20.3.2003. While the appellant was riding the motor cycle bearing Reg.No.KL-11-N-3231, it was hit by an auto rickshaw bearing Reg.No.KL-11-N-3251.
2.
Ext.A1 is the copy of the FIR. Ext.A2 is the copy of the wound certificate issued by Koya's Hospital and Ext.A3 is the copy of the charge issued from City Traffic Police, Kozhikode. 3.
Going by the wound certificate, he had sustained 3 lacerated wound, fracture of clavice and zygomatic maxillary and loss of edge of 4 teeth. The Tribunal was of the view that the appellant's non-appearance has prevented the Tribunal to verify various details and
MACA No.2918/2008 accordingly granted an amount of `10,000/-.
4.
In the facts and circumstances of the case, in additional to the amount granted by the Tribunal, we grant an amount of ` 15,000/- towards pain and suffering. Since it is seen that there is loss of edge of four teeth, we grant an additional amount of ` 10,000/- for future medical expenses. We also grant an amount of `.5,000/- towards loss of amenities. Accordingly, the total compensation will be `40,000/- . The enhanced compensation will carry interest @ 9% per annum from the date of petition. The Insurance Company will deposit the amount within three months and the appellant can withdraw the amount also. The appeal is accordingly allowed. There will be no order as to costs.
T.R.RAMACHANDRAN NAIR, JUDGE K.P.JYOTHINDRANATH,JUDGE sv.