IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 MACA.No. 1400 of 2009() ----------------------- OPMV.794/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): PETITIONER ------------------------ SHAJI @ SAJITH RAHMAN, PALLIYALIL HOUSE, P.O.VAKERY, KRISHNAGIRI VILLAGE, SULTHAN BATHERY TALUK. BY ADV. SRI.S.M.PRASANTH RESPONDENT(S): RESPONDENTS -------------------------- 1. CHANDY @ JOY, S/O.AUGUSTHY, THARAPPIL HOUSE, P.O.CHANDANAKKAMPARA, PAYYANNUR, KANNUR DISTRICT. 2. JOSE JOSEPH, S/O.JACOB, MANIYANKALLEL HOUSE, P.O.CHANDANAKKAMPARA, PAYYANNUR, KANNUR DISTRICT. 3. THE NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE, KANNUR. ADV. SRI.P.G.GANAPPAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1400 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.794/1995 on the file of Motor Accidents Claims Tribunal, Kalpetta. In this appeal, he challenges the judgment and award of the Tribunal dated October 17, 2008 awarding a compensation of Rs.1,58,200/- for the loss caused to him on account of the injuries sustained by him in a motor accident that occurred on January 30, 1995 at about 10.00 a.m. 2. The accident happened while the claimant was standing in front of the house of one Sankaran, he was knocked down by a jeep bearing Reg.No.KL 13B/1215 driven by the first respondent. Alleging negligence against the first respondent, the claimant who was a minor through his father and guardian filed the O.P. before the Tribunal under Section 166 (1)(d) of Motor Vehicles Act claiming a compensation of Rs.2,22,668/-. 3. Respondents 1 and 2, the driver and the owner of the offending jeep filed a joint written statement admitting the accident, but attributed MACA.No.1400/2009 2 negligence to the claimant. The third respondent, the insurer of the offending jeep filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A10 and Ext.C1 were marked on the side of the claimant before the Tribunal. Exts.B1 to B3 were marked on the side of the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the negligence of the first respondent and awarded a compensation of Rs. 1,58,200/- with interest @ 6% per annum from the date of petition till realisation. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellant/claimant and the counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the first respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.1,58,200/-. The break up of the compensation amount awarded is as under: MACA.No.1400/2009 3 Disability - Rs.45,000/- Transportation - Rs.28,000/- Extra nourishment - Rs. 5,000/- Damage to clothing - Rs. 200/- Bystander expenses - Rs. 3,000/- Medical expenses - Rs.62,000/- Pain and suffering - Rs.15,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused and and on other heads. He pointed out that no compensation was awarded by the Tribunal for loss of amenities and enjoyment of life and for future treatment expenses. 9. The Tribunal took the monthly income of the claimant as Rs.1,250/- and took the percentage of disability as 20% and adopted a multiplier of 15 and awarded Rs. 45,000/- for the disability caused. As directed by this court, the Tribunal referred the claimant to a Medical Board to assesses his disability. Ext.C1 is the said certificate of disability in which they have assessed the percentage of disability as 70%. The right leg of the claimant was amputated below knee. We have also seen the appellant in court. We are convinced that he is suffering from very serious disabilities. Therefore, we are of the view that 70% disability assessed by the Medical Board is reasonable. The Tribunal took the monthly income of the claimant as Rs.1,250/-. Since the claimant was a MACA.No.1400/2009 4 boy aged 8 at the time of the accident, we feel that his monthly income can be reasonably fixed at Rs. 2,500/-. The multiplier of 15 taken by the Tribunal is not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 3,15,000/- ( 70% x 2500 x 12 x 15). Thus on this count, the claimant is entitled to an additional compensation of Rs.2,70,000/-. 10. No compensation is seen awarded for loss of amenities and enjoyment in life, and for future treatment expenses. Taking into consideration that fact that his right leg was amputated below knee the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.30,000/- for loss of amenities and enjoyment in life, Rs.10,000/- for bystander expenses and Rs.50,000/- for future treatment expenses would be reasonable. 11. The Tribunal awarded Rs.15,000/- for pain and suffering endured by the claimant which appears to be very low. Having regard to the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.30,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. MACA.No.1400/2009 5 12. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum which appears to be very low. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. 13. In the result, the claimant is found entitled to an additional compensation of Rs. 3,75,000/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation and proportionate cost. The claimant will not be entitled to interest for Rs.50,000/- awarded for future treatment expenses. The third respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the date of receipt of a copy of this judgment. The award of the Tribunal is modified to the above extent. The Appeal is disposed of as found above. Sd/- A.K.BASHEER, JUDGE Sd/- P.Q.BARKATH ALI, JUDGE sv. True copy P.A. to Judge