IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 MACA.No. 2027 of 2005() ----------------------- OPMV.2223/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- RAKEEB, S/O.PEERU MUHAMMED, ROSE VILLA, AMBALAMKUNNU, NETTAYAM P.O. NOW RESIDING AT POST OFFICE QUARTERS, ERAVIPURAM P.O. KOLLAM 11. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENTS/ RESPONDENTS. --------------------------- 1. SHAMU K.T. S/O.THAMPI, SHARO, KOOTTIKKADA P.O. KOLLAM. 2. PRAKASH K.V. S/O.K.P.KESAVA MENON, PAYINGALIL, KOZHIKODE, KATTADI JUNCTION P.O. POOYAPPALLY, KOLLAM. 3. THE NATIONAL INSURANCE COMPANY LTD., PARAMESWARAN PILLAI BHAVAN, HOSPITAL ROAD, KOLLAM. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2027 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.2223/1998 on the file of Motor Accidents Claims Tribunal, Kollam. In this appeal, he challenges the judgment and award of the Tribunal dated October 28, 2004 awarding a compensation of Rs.34,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident : 1. Lacerated wound 4 cm. long above right eyebrow. 2. Lacerated wound 1 cm. on upper and lower eyelid. 2. The accident occurred on December 2,1997 at about 2 p.m.. While the claimant was riding the motor cycle bearing Reg.No.KL- 2F/2595 from Veliyam junction to Ampalamkunnu public road, the motor cycle dashed against another motor cycle bearing Reg.No.KL- 2D/6573 ridden by the second respondent. Alleging negligence against the second respondent, the claimant filed the O.P. before the MACA.No.2027/2005 2 Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 2,00,000/-. 3. Respondents 1 and 2, the owner and the rider of the offending motor cycle remained absent before the Tribunal. The third respondent, the insurer of the offending motor cycle filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A11 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent riding of the offending motor cycle by second respondent and awarded a compensation of Rs. 34,000/- with interest @ 9% 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 MACA.No.2027/2005 3 that the accident occurred due to the negligence on the part of the second 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.34,000/-. The break up of the compensation amount awarded is as under: Loss of earning - Rs. 2,332/- Transportation - Rs. 1,500/- Bystander expenses - Rs. 2,000/- Extra nourishment - Rs. 1,000/- Treatment expenses - Rs. 1,000/- Pain and suffering - Rs.12,000/- Disability - Rs.14,040/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused and for pain and suffering endured by the claimant. He pointed out that no compensation was awarded by the Tribunal for loss of amenities and enjoyment of life. 9. The Tribunal took the monthly income of the claimant as Rs.1,500/- and took the percentage of disability as 6% and adopted a multiplier of 13 and awarded Rs. 14,040/- for the disability caused. According to the claimant, he was working as a Post master earning MACA.No.2027/2005 4 Rs.5,000/- per month. Ext.A9 is his salary certificate. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 3,000/-. The percentage of disability as 6% and the multiplier as 13 taken by the Tribunal are not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 28,080/- ( 6% x 3000 x 12 x 13). Thus on this count, the claimant is entitled to an additional compensation of Rs.14,040/-. 10. The Tribunal awarded Rs.12,000/- for pain and suffering endured by the claimant. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 15,000/- would be reasonable on this count. 11. No compensation is seen awarded by the Tribunal for loss of amenities and enjoyment in life. Having regard to the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 10,000/- 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.2027/2005 5 12. In the result, the claimant is found entitled to an additional compensation of Rs. 27040/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. 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. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.2027/2005 6