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 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 MACA.No. 372 of 2005() ---------------------- OPMV.112/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): PETITIONER ----------------------- BABU JOHN, AGED 35, S/O.JOHN, PALLIPARAMBIL HOUSE, NEAR C.S.I.CHURCH, VELLIAMATTOM KARA, ALAKODU KARA, THODUPUZHA. BY ADV. SRI.M.V.SABU RESPONDENT(S): RESPONDENTS --------------- 1. K.I.YOUSEF, BLOCK NO.1134, BALAGRAM P.O., IDUKKI DISTRICT. 2. ZAKEER HUSSAIN, AGED 25, S/O.EBRAHIM, BLOCK NO.1104, THIRD CAMP KARA, KARUNAPURAM VILLAGE, IDUKKI DISTRICT. ( DELETED) 3. THE NEW INDIA ASSURANCE CO.LTD., KATTAPPANA. Respondent No.2 deleted from the party array at the risk of the appellant as per order dated 23-09-2009 in I.A.No.2647/09 ADV. SRI.P.G.GANAPPAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.372 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of February, 2010 JUDGMENT Barkath Ali, J. Appellant has filed this appeal under Section 173 of Motor Vehicles Act for enhancement of the amount of compensation awarded by the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV) No.112/2000 by award dated June 15, 2005. 2. The facts in brief are these : The appellant/claimant is a social worker in World Vision of India, High Range ADP Union and was earning Rs.5,289/- per month. On October 3, 1999 at about 11.40 a.m. while he was riding a motor bike, a jeep bearing Reg.No.KL 6 9114 came at a high speed and dashed against the motor bike causing serious injuries to him. According to the claimant, the accident occurred due to the rash and negligent driving of the offending jeep by the second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending jeep are jointly and severally liable to pay compensation to MACA.NO.372/05 Page numbers the claimant. The claimant claimed a compensation of Rs. 4 lakhs. 3. Respondents 1 and 2, the owner and driver of the offending jeep though entered appearance, did not filed any written statement . Third respondent Insurer of the offending vehicle, filed a written statement admitting the policy, but contending that there was negligence on the part of the claimant also. 4. Claimant was examined as PW1 and Exts.A1 to A14 were marked on his side before the Tribunal. No evidence was adduced by the contesting third respondent. 5. The Tribunal on an appreciation of evidence awarded a compensation of RS. 102260/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 6. Heard learned counsel for the appellant and the counsel for the Insurance Company. 7. 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, the driver of the offending jeep is not challenged in this appeal. Therefore, the only question which arises for consideration MACA.NO.372/05 Page numbers is whether the claimant is entitled to any enhanced compensation. 8. The Tribunal awarded compensation as follows : Loss of earnings -Rs. 3,000/- Transportation expenses -Rs. 2,000/- Damages to clothing -Rs. 250/- Extra nourishment -Rs. 1,000/- Expenses of bystanders -Rs. 3,000/- Medical bills -Rs. 41,290/- Pain and sufferings -Rs. 15,000/- Permanent disability -Rs. 36,720/- --------------- Rs.1,02,260/- ========= 9. The claimant sustained compound fracture of shaft of right femur, compound fracture of shaft of right tibia, communited fracture of upper 1/3 rd both bones of right leg as revealed from Ext.A5, copy of the wound certificate and Exts.A6 and A7 treatment certificates. Open reduction and internal fixation of the trochantric fracture of the right femur and fracture of the shaft of right femur was done. Interlocking nailing for the fracture of the right tibia was also done. 10. The appellant mainly disputed the quantum of compensation awarded for the disability caused. The Tribunal fixed his monthly salary as Rs. 1500/- and adopted a multiplier of 17. The Tribunal has also adopted the percentage of disability as 12% as seen MACA.NO.372/05 Page numbers from Ext.A14, certificate of disability issued by the Medical Board. The Tribunal awarded Rs. 36720/- for the disability caused ( 12 % x 1500 x 12 x 17). 11. The counsel for appellant argued that the income of the claimant should have been taken as Rs. 5289/- as he was a social worker in World Vision and was drawing a salary of Rs. 5289/-. Ext.A11 is his salary certificate issued from there. Though no witnesses were examined to prove the same, taking into consideration the above aspect, we feel that his monthly income can be reasonably estimated at Rs. 3000/-. Regarding the multiplier adopted and the percentage of disability assessed by the Medical Board, there was no serious challenge to the same. Thus calculated for the disability caused, the claimants are entitled to a compensation of Rs. 73, 440/- ( 12 % x 3000 x 12 x 17). Thus on this count, the claimant is entitled to an additional compensation of Rs. 36,720/-. 12. The Tribunal awarded Rs. 3000/- for loss of earnings for two months @ Rs. 1500/- per month. The nature of the injury sustained by the claimant shows that he must that been disabled for four months. Therefore, we feel that a compensation of Rs. 12,000/- MACA.NO.372/05 Page numbers would be reasonable on this count. Thus on this count, the claimant is entitled to an additional compensation of Rs. 9,000/-. 13. The Tribunal has not awarded any compensation for loss of amenities and enjoyment of life. Having regard to the nature of the injury sustained by the claimant, we feel that a compensation of Rs. 10,000/- would be adequate for the loss of amenities and enjoyment of life. Thus, the claimant is entitled to an additional compensation of Rs. 55,720/-. He is entitled to interest @ 9% per annum from the date of petition till realisation. 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 with notice to the claimant and proportionate cost. The appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.NO.372/05 Page numbers