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 8TH OCTOBER 2010 / 16TH ASWINA 1932 MACA.No. 668 of 2005() ---------------------- OPMV.496/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): PETITIONER -------------- V.K.RAVEENDRAN, S/O.GOPALAN, AGED 47 YEARS, VETTUKALLAL VEEDU, KALLUPADI, KAKKAVAYAL POST, WAYNAD DISTRICT. BY ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) SRI.MATHEWS V.JACOB (PARAVUR) SRI.N.T.NANDAKUMAR (PARAVUR) RESPONDENT(S): RESPONDENTS --------------- 1. V.T.JOY, S/O.THOMAS, VATTATHARAYIL HOUSE, CHEERAMKUNNU, MEENANGADI POST, WAYNAD DISTRICT. 2. RAJESH, S/O.V.T.JOY, VATTATHARAYIL HOUSE, CHEERAMKUNNU, MEENANGADI POST, WAYNAD DISTRICT. 3. THE NATIONAL INSURANCE COMPANY LTD, KALPANA SHOPPING COMPLEX, KALPETTA POST, WAYANAD DISTRICT. ADV. SRI.T.KURIAKOSE PETER FOR R1 SRI.ABRAHAM P.GEORGE FOR R1 SRI.E.M.JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.668 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of October, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.496/1998 on the file of Motor Accidents Claims Tribunal, Kalpetta, Wayanad. He sustained the following injuries in a motor accident that occurred on April 4, 1998: Fracture of right squements temporal bone, Haemorrhagic contusion brain temporal bone, small subdural contusions left frontal parietal area. 2. The accident happened while the claimant was riding his bicycle, he was knocked down by the autorickshaw bearing Reg.No.KL-12-9034 driven by the second respondent. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 3,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending autorickshaw remained absent before the Tribunal. The third MACA.No.668/2005 2 respondent, the insurer of the offending autorickshaw filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A9 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 driving of the offending autorickshaw by second respondent and awarded a compensation of Rs.70,200/- with interest @ 6% per annum from the date of petition till realisation and proportionate cost. 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 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. MACA.No.668/2005 3 7. The break up of the compensation awarded is as under : Loss of earning - Rs. 4,500/- Transport charges - Rs. 1,000/- Extra nourishment - Rs. 1,500/- Bystander exp. - Rs. 1,500/- Medical exp. - Rs. 1,700/- Pain and suffering - Rs.10,000/- Disability - Rs. 50,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused. He pointed out that no compensation was awarded for the loss of amenities and enjoyment in life. 9. The Tribunal took the monthly income of the claimant as Rs.1,500/- and awarded Rs. 50,000/- for the disability caused. In Ext.A8, the certificate of disability, the doctor has certified that the claimant had attacks of fits, headache and behave in an abnormal manner and assessed his disability as 60%. Taking into consideration the above disability caused to the claimant, we feel that the percentage of disability can be assessed at 20%. According to the claimants, he was an agriculturist earning Rs.3,000/- per month. Taking into consideration the above aspect, we feel that the monthly income of the MACA.No.668/2005 4 claimant can be reasonably fixed at Rs. 2,000/-. As the claimant was aged 41 at the time of the accident, the proper multiplier that can be adopted in this case is 15. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 72,000/- ( 20% x 2000 x 12 x 15). Thus on this count, the claimant is entitled to an additional compensation of Rs.22,000/- 10. No compensation was awarded for the loss of amenities and enjoyment in life. 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. There is another aspect in this case. The Tribunal awarded Rs. 4,500/- towards loss of earnings for three months @ Rs. 1,500/- per month. As we have fixed the monthly income of the deceased as Rs. 2,000/-, he is entitled to a compensation of Rs. 6,000/- towards loss of earnings. Thus on this count, the claimant is entitled to an additional compensation of Rs. 1,500/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. MACA.No.668/2005 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. 38,500/-. 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 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.668/2005 6 MACA.No.668/2005 7