IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 MACA.No. 1317 of 2010() ------------------------------------ OP(MV) .146/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): 3RD RESPONDENT ---------------------------------------------------- NATIONAL INSURANCE CO. LTD. KALPETTA. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): CLAIMANT ------------------------------------------- RADHAKRISHNAN N.K., AGED 45 YEARS, S/O. LATE K.KELU NAIR, THEJUS(H),VIMALALANGAR POST MANANTHAVADY TALUK, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 1317 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 10th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the 3rd respondent Insurance Company in O.P.(MV) No.146 of 2006 on the file of the Motor Accidents Claims Tribunal, Kalpetta, Wayanad. In this appeal the appellant challenges the judgment and award of the Tribunal dated November 18, 2009 awarding a compensation of Rs.1,18,246/- to the claimant for the loss caused to him on account of the injuries sustained in a motor accident. 2. The accident occurred on October 5, 2005. While the claimant was travelling in a motor cycle bearing registration No.KL 13A/7680, he was knocked down by an auto-rickshaw bearing registration No. KL 12B/9806, driven by the 1st respondent. He sustained serious injuries. Alleging negligence against the 1st respondent , the MACA 1317/2010 2 claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act, claiming a compensation of 2,50,000/- 3. Heard the learned counsel for the appellant Insurance Company and the learned counsel for the respondent claimant 4. The only question which arise for consideration is whether the compensation awarded by the Tribunal is excessive. 5. The Tribunal awarded a total compensation of Rs.1,18,246/-. Break up of the compensation amount awarded is as under:- Loss of earnings : Rs. 26,012 Transport to hospital : Rs. 14,750 Extra nourishment : Rs. 500 Damage to clothing : Rs. 500 and articles. Bystander expenses : Rs. 1,500 Medical expenses : Rs. 25,400 Pain and suffering : Rs. 12,000 Permanent partial disability : Rs. 37,584 ------------------ Total : Rs.1,18,246 ======= MACA 1317/2010 3 6. The learned counsel for the appellant argued that the Tribunal took the monthly income of the claimant as Rs.6,525/- and the disability fixed as 6% which are excessive. We find force in the above contention. 7. The claimant sustained multiple abrasions of right hand, right foot, left foot and fracture of middle ring finger. 8. The Tribunal took the monthly income of the claimant as Rs.6,525/- per month, adopted multiplier of 8, took the percentage of disability as 6% as certified by the Medical Board in Ext.C1 report and awarded a compensation of Rs.37,584/- for the disability caused. The claimant was an Assistant Grade Depot Manager in Rubber Marketing Society and was having a salary of Rs.9,074/- per month as revealed form Ext.A11 pay certificate. He was aged 45 at the time of the accident. Taking into consideration the fact that he is still in service, we feel that for assessing compensation for permanent disability his monthly income can reasonably be fixed at Rs.4,000/-. Percentage of disability as 6% certified by the Medical MACA 1317/2010 4 Board appears to be reasonable. Thus the claimant is entitled to only a compensation of Rs.23,040/- for the disability caused. 9. The Tribunal awarded Rs.14,750/- for transport to hospital, which appears to be excessive. In the circumstances of the case, we feel that a compensation of Rs.4,000/- would be reasonable on this count. 10. In the result, the claimant is found entitled to only Rs.92,952/- instead of Rs.1,18,246/- awarded by the Tribunal. He is entitled to interest @ 7.5% per annum. 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 mn.