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 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 MACA.No. 1272 of 2004() ----------------------- OPMV.1978/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ----------------------------------- SAJEEV THOMAS, S/O. THOMAS, NEDIYAKALAYIL HOUSE, MOOZHIKULANGARA P.O., KURUMULLOOR, NEENDOOR, KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): RESPONDENTS: --------------------------- 1. SAJEEV, S/O. VELAPPAN, PADINJAREVEETIL HOUSE, PERUMBALAM P.O., PERUMBALAM VILLAGE, CHERTHALA, ALLEPPEY DISTRICT. 2. M.K. MANIKANDAN, THEKKENEZHATHU HOUSE, PERUMBALAM P.O., CHERTHALA. 3. THE UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, KOTTAYAM. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1272 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act,the claimant in O.P.(MV)No.1978/1999 of Motor Accidents Claims Tribunal, Kottayam challenges the judgment and award of the Tribunal dated October 14, 2003 awarding a compensation of Rs. 1,07,116/- for the loss caused to him on account of the injuries sustained in a motor accident. 2. The facts in brief are these : On November 28, 1998 while the claimant was travelling in a taxi car, a bus bearing Reg.No. KL04E 9288 driven by the first respondent dashed against the car causing serious injuries to the claimant and another claimant in O.P.(MV)No.1812/99. According to the claimant, the accident occurred due to the negligence on the part of the driver of the offending bus. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the MACA.No.1272/04 Page numbers offending vehicle are jointly and severally liable to pay compensation to the claimant. 3. Respondents 1 and 2 remained absent and were set ex parte before the Tribunal. Third respondent insurer of the offending vehicle filed a written statement admitting the policy,but contending that there was also negligence on the part of the driver of the car in which the claimant was travelling. 4. This O.P. was jointly tried with O.P.(MV)No.1812/1999 and a common award was passed by the Tribunal. Exts.A1 to A14 were marked on the side of the claimants. No evidence was adduced by the contesting third respondent. 5. On an appreciation of evidence, the Tribunal awarded a compensation of Rs. 1,07,116/- . The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 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, the driver of the offending bus is not challenged in MACA.No.1272/04 Page numbers this appeal. Therefore, the only question for consideration is whether the claimant is entitled to any enhanced compensation ? 7. The claimant sustained open communited fracture of right humerus and lacerated wound on the neck and abrasion on the arm. He was treated in the Medical Trust Hospital for 16 days. According to the claimant, he was aged 39 and is employed as a taxi driver earning a monthly income of Rs. 8,000/-. Ext.A8 is the copy of his driving licence. Ext.A7 disability certificate shows that he has suffered a permanent disability of 12%. 8. The Tribunal awarded a total compensation of Rs. 1,07,116/-. The break up figures of the compensation awarded is as follows : Medical bills -Rs. 39,500/- Loss of earnings -Rs. 8,500/- Bystander's expenses -Rs. 1,500/- Transportation expenses -Rs. 1,000/- Pain and suffering -Rs.15,000/- Disability -Rs. 41,616/- ----------------- Rs. 107,116/- =========== 9. The only point argued by the counsel for the appellant was MACA.No.1272/04 Page numbers that the loss of income could be computed at Rs. 3,000/- per month as injured was a driver aged 30. There is force in the above contention. The copy of the driving licence was produced as Ext.A8. The Tribunal took his monthly income as Rs. 1700/- which appears to be very low. We are of the view that his monthly income can be reasonably fixed at Rs. 2,500/-. Regarding the multiplier of 17 adopted by the Tribunal and the percentage of disability shown in Ext.A7 as 12% are not seriously challenged . Thus calculated for the disability caused, the claimant is entitled to Rs. 61,200/-(12% of 2500 x 12 x 17). Thus the claimant is entitled to an additional compensation of Rs. 19,584/- on this count. 10. The Tribunal awarded Rs. 8500/- for loss of earnings for five months @ Rs. 1700/- per month. As we have fixed the monthly income of the claimant as Rs. 2,500/-, he is entitled to Rs. 12,500/- for the loss of earnings. Thus he is entitled to an additional compensation of Rs.4,000/- on this count. The compensation awarded under other counts is not questioned before us. 11. Thus, the claimant is found entitled to an additional MACA.No.1272/04 Page numbers compensation of Rs.23,584/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. 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. The impugned 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.1272/04 Page numbers