Court can enhance compensation awarded in motor accident claims based on the severity of injuries and loss of amenities.

JUDGMENT

This appeal has been filed by the claimant in OP(MV) No.1380 of 2000 on the files of the Motor Accidents Claims Tribunal, Palakkad, claiming enhancement of compensation. The respondents 1 to 3 herein were the respondents before the tribunal.

2. The case of the claimant was that on 06.09.1999, while he was walking along Mundur-Kongad public road, a motorcycle bearing Reg.No.KL-14/7585 ridden by the second respondent in a rash and negligent manner, hit him, whereby he sustained serious injuries. He approached the tribunal claiming a total compensation of ₹1,05,000/-.

3. Respondents 1 and 2, who are the owner and driver of the offending vehicle respectively, remained ex parte before the tribunal. The third respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. Exts.A1 to A8 series & B1 were marked. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence of the rider of the offending vehicle and awarded a sum of ₹14,643/- as compensation under different heads with interest @ 7.5%

per annum from the date of petition till realization, against the third respondent being the insurer with right of recovery against the first respondent/owner of the offending vehicle on the ground that the second respondent/driver was not having a valid driving licence at the time of the accident. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimant has come up in appeal.

4. During the pendency of the appeal, the first respondent/owner of the offending vehicle expired and the legal representative of the first respondent was impleaded as the additional fourth respondent.

5. I have heard the learned counsel for the appellant. No representation for the respondents.

6. The learned counsel for the appellant claims enhancement under the following heads:

6.1. Pain and suffering - The learned counsel for the appellant submits that the appellant was a minor aged 12 years at the time of the accident and he suffered a deglaring injury on the dorsum of the left hand. However, the tribunal awarded only an amount of ₹5,000/- as compensation towards pain and suffering, which is on the lower side.

Considering the age of the appellant, the injuries sustained by him and the sufferings that he had undergone, I am inclined to grant an amount of ₹15,000/- as total compensation towards pain and suffering. Thus, the appellant will be entitled to get an additional amount of ₹10,000/- as compensation towards pain and suffering.

6.2. Loss of amenities - The learned counsel for the appellant submits that the tribunal awarded no compensation towards loss of amenities. Considering the injuries sustained by the appellant and the loss of enjoyment in life, I deem it appropriate to award a compensation of ₹15,000/- towards loss of amenities.

6.3. Bystander expenses & extra nourishment - The learned counsel for the appellant submits that the appellant was hospitalized for a period of 13 days, however, the tribunal awarded only an amount of ₹500/- each under the heads, bystander expenses and extra nourishment, which is on the lower side. Considering the fact that the accident was in the year 1999, I deem it appropriate to take ₹100/- each per day towards bystander’s expenses and extra nourishment. Accordingly, he will be entitled to get a total compensation of ₹1,300/- (100 x 13) each towards bystander expenses and extra nourishment. Thus, there will be an additional compensation of ₹800/- each under these heads.

7. Though the appellant claimed enhancement of compensation under other heads as well, on a perusal of the records available and the impugned award,