IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 MACA.No. 565 of 2007() ------------------------------- OPMV.1231/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------------------------------- SAIDALAVI HAJI, S/O.MOHAMMED, REP.BY NEXT FRIEND WIFE KHADEEJA, MANGALASSERY HOUSE, P.O.KAVANOOR, VIA.AREACODE. BY ADV. SRI.K.SHIBILI NAHA SMT.A.LOWSY RESPONDENT(S): RESPONDENTS ---------------------------------------------- 1. SHIHABUDHEEN KADOORAN, S/O.K.MOHAMMED ALI, P.O.KAVANOOR, VIA AREACODE, MALAPPURAM DISTRICT. 2. VIJILAL KARUMARAKKADU, S/O.VELAYUDHAN VAIDIYAR, 'MANDIRAM', P.O.KAVANOOR. 3. THE UNITED INDIA INSURANCE CO.LTD., ARAFA BUILDING, COURT ROAD, MANJERI, MALAPPURAM. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK A.K. BASHEER & P.Q. BARKATH ALI, JJ. -------------------------------------------------------- M.A.C.A. No. 565 OF 2007 -------------------------------------------- DATED THIS THE 5TH DAY OF OCTOBER, 2010 JUDGMENT Barkath Ali, J. The appellant in this appeal is the claimant in OP(MV) No. 1231/2001 on the file of the Motor Accidents Claims Tribunal, Manjeri. He sustained the following injuries in a motor accident that occurred on February 19, 2000 at about 9.15 p.m. at Chengara Pallipadi near Manjeri. “Multiple small higic and non higic contusion, Minimal intra venticular bleed, Subarachroid haemorrhage.” 2. The accident happened while he was pillion riding on a motor cycle and due to the negligence of the rider of the motor cycle capsized. As he was completely bedridden due to the injuries sustained by him, he was represented by his wife, PW2. Claiming a compensation of `10 lakhs and alleging negligence against the first respondent, the rider of the motor cycle, he filed O.P before the Motor Accidents Claims Tribunal, Manjeri under Section 166 of the Motor Vehicles Act. 3. The first respondent, the rider of the offending motor cycle remained absent before the Tribunal. The 2nd respondent, the M.A.C.A. No. 565 OF 2007 2 owner of the offending motor cycle filed a written statement admitting the accident but denied the liability. The 3rd respondent, the Insurer of the offending motor cycle filed a written statement admitting the policy. 4. PWs 1 & 2 were examined and Exts. A1 to A10 series were marked on the side of the claimants. The certificate of disability of the Medical Board was marked as Ext. X1. No evidence was adduced by the contesting respondents. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence of the first respondent and awarded a compensation of ` 3,23,478/- with interest at the rate of 6% per annum from the date of petition till realization and proportionate costs. Claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. During the pendency of this appeal, the appellant/claimant died. His wife, children and mother are impleaded as supplemental appellants 2 to 6. 6. Heard the counsel for the appellants and the counsel for the Insurance Company. M.A.C.A. No. 565 OF 2007 3 7. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the first respondent is not seriously challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation? 8. The Tribunal awarded a total compensation of ` 3,23,478/-. The break up of the compensation awarded is as under: Transport to hospital :` 10,960.00 Extra nourishment and :` 27,000.00 bystanders expenses. Medical expenses :` 35,318.00 Pain and suffering :` 15,000.00 Loss of earning for 1 year :` 24,000.00 For disability(24000x55x16) :` 2,11,200.00 100 ---------------------- :Total ` 3,23,478.00 ========= 9. The counsel for the claimant sought enhancement of the compensation for the disability caused and on other heads. 10. The Tribunal took the monthly income of the claimant as ` 2,000/- and took the percentage of disability as 55% as certified by the Medical Board in Ext.X1 and adopted a multiplier of 16 as M.A.C.A. No. 565 OF 2007 4 the deceased was aged 39 at the time of accident and awarded ` 2,11,200/- for the disability caused. 11. The claimant was employed in Saudi Arabia as a Salesman and was earning to ` 20,000/- per month according to the claimants. Ext.A3 is the Passport of the petitioner. Taking into consideration of the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at ` 4500/-. The percentage of disability as 55% and multiplier adopted by the Tribunal as 16 are not seriously disputed. Thus calculated, for the disability caused, the claimant is entitled to a compensation of `4,75,200/- (`4500x12x55x16). Thus, on this count, the claimant is entitled to an additional compensation of ` 2,64,000/-. As regards, the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 12. There is another aspect in this case. The Tribunal awarded `24,000/- towards loss of earnings for one year at the rate of `2,000/- per month. As we have fixed the monthly income of the claimant as ` 4,500/- towards loss of earnings, he is entitled to a compensation of `54,000/-. 100 M.A.C.A. No. 565 OF 2007 5 13. As the claimant is dead the supplemental appellants 2 to 6 are found entitled to an additional compensation of ` 2,94,000/-. They are entitled to interest at the rate of 6% per annum from the date of petition till realization and proportionate costs. The 3rd 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. A.K. BASHEER Judge P.Q.BARKATH ALI Judge PKK