IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 MACA.No. 1485 of 2007() ------------------------------------ OPMV.3868/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER: ------------------------- A.P.HANEEF ALIAS HANEEFA, AGED 50 YEARS, S/O.PAREED, EDAYAKATTU HOUSE, EAST OF MATHANATHU TEMPLE, AROOKUTTY P.O., PIN-688 535. BY ADV. SRI.R.SUDHISH RESPONDENT(S): RESPONDENTS: --------------------------- 1. SURESH MATHEW, S/O.MATHEW, THARAPPEL HOUSE, PAZHAYIDAM P.O., ERUMELY. 2. P.B.ABDUL KABEER, S/O.P.A.BEERAN, PARAYIL VEETIL, NEAR KUNNATHUPALLY, KARUPADANNA DESOM, THEKKUMKARA VILLAGE, MUKUNDAPURAM TALUK. 3. THE ORIENTAL INSURANCE CO. LTD. BY ITS REGIONAL MANAGER, REGIONAL OFFICE, MUTHOOT TOWERS, M.G.ROAD, COCHIN-35. R3 BY ADV. DR.ELIZABETH VARKEY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1485 of 2007 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 19th day of May, 2010 JUDGMENT Barkath Ali, J: In this appeal under section 173 of the Motor Vehicles Act claimant in O.P.(MV) No.3868 of 1997 of the Motor Accidents Claims Tribunal, Ernakulam challenges the judgment and award of the Tribunal dated April 5, 2005 awarding a compensation of Rs92,250/- for the loss caused to the claimant, on account of the injury sustained by him in a motor accident. 2. The facts leading to this appeal, in brief, are these:- The claimant was aged 50 at the time of the accident and was working as Supervisor in S.R.Agencies, Willingdon Island and was earning Rs.3,000/- per month. On March 9, 1997 at about 7.30 at p.m. the claimant was crossing Kumblam-Vyttila Bye-pass road from west to east and when he reached almost the eastern end of the road, he was knocked down by a goods carriage vehicle bearing MACA 1485/2007 2 registration No.KL-5A 3474, driven by the second respondent. The claimant sustained very serious injuries. According to the claimant, the accident occurred due to the rash and negligent driving of the offending vehicle by the second respondent. The first respondent as the owner, the second respondent as the driver and third respondent as the insurer of the offending vehicle are jointly and severely liable to pay the compensation to the claimant. The claimant claimed compensation of Rs.4 lakhs. 3. Respondents 1 and 2, the owner and driver of the offending vehicle, remained absent before the Tribunal. The third respondent, insurer of the offending vehicle, filed a written statement, admitting the policy. 4. The claimant was examined as PW1 and Exts. A1 to A10 were marked on the side of the claimant. On the side of the contesting third respondent, Ext.B1 was marked before the Tribunal. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs.92,250/- with interest at the rate of 9% p.a. from the date of petition till MACA 1485/2007 3 realization. The claimant has come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the appellant and learned counsel for the second respondent. 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, driver of the offending vehicle, is not seriously challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The claimant sustained the following injuries, as revealed from Ext.A4 wound certificate:- “1)Bleeding from nose and mouth – bleeding,extending from (L) eyebrow to forehead. 2) Contusion (L) eye. 3) Lacerated wound ever (L) cheek. 4) Multiple lip laceration both lips with extensive avulsion of inner lip. MACA 1485/2007 4 5) S/o. fracture (L) maxilla and fracture (L) frontal bone (depressed fracture). 6) (L) Maxilla broken into 4 fractured segments with partial loss of (4) and total loss of (3) teeth. 7) Elevation of depressed fracture of (L) frontal bone done under G.A. 8) Fracture Maxilla – AM 7 done – by plastic surgeon who sutured facial laceration also. 9) CT scan brain – fracture (L) frontal bone Subarachnoid haemorrhage Bilateral contusion. CT brain - contusions both frontal region generalized brain oedema has reduced. This GD Hygromas in both frontal and ® fronto- parietal region.” Ext.A6 series are treatment certificates. As no certificate of disability was produced before the lower court, on a direction issued by this Court, the claimant appeared before the Medical Board attached to T.D. Medical College Hospital, Alappuzha and the Medical Board assessed his disability as 3%. The claimant has now persistent vertigo and headache and mild memory impairment. MACA 1485/2007 5 8. The Tribunal awarded a total compensation of Rs.92,250/-. Break up of the compensation awarded is as under:- Loss of earning : Rs. 4,500/- Transport to hospital : Rs. 500/- Damage to clothing : Rs. 250/- Extra nourishment : Rs. 1,500/- Attendant expenses : Rs. 1,500/- Treatment expenses : Rs.49,000/- Pain and suffering : Rs.20,000/- Loss of amenities : Rs.10,000/- and enjoyment in life. Loss of three teeth : Rs. 5,000/- ------------------ Total : Rs. 92,250/- ======= 9. The learned counsel for the appellant pointed out that no compensation was awarded for the disability caused. He claimed enhancement of compensation for loss of amenities and enjoyment in life. The Tribunal took the monthly income of the claimant as Rs.15,00/-. But, the claimant produced Ext.A10 salary certificate, which shows that he was employed as a Supervisor in S.R.Agencies, Willingdon Island and was earning Rs.3,000/- per month. Taking into consideration the same, we are of the view that MACA 1485/2007 6 the monthly income of the claimant can reasonably be fixed at Rs.2,500/-. As the claimant was aged 40 at the time of the accident, a multiplier of 15 would be reasonable in this case. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.13,500/- (Rs.2,500/- x 12 x 15 x 3/100). 10. The Tribunal awarded Rs.10,000/- for loss of amenities and enjoyment in life. Taking into account the nature of the injuries sustained and the period of treatment the claimant has undergone, we feel that a compensation of Rs.20,000/- would be reasonable for the loss of amenities and enjoyment in life. Thus, the claimant is entitled to an additional compensation of Rs.10,000/- for the loss of amenities and enjoyment in life. 11. There is another aspect in this case. The Tribunal awarded Rs.4,500/- for loss of earnings i.e., for three months @ Rs.1,500/- per month. As we have found that the monthly income of the claimant can be fixed at Rs.2,500/-, he is entitled to a compensation of Rs.7,500/- for the loss of MACA 1485/2007 7 earnings. Thus, the claimant is entitled to an additional compensation Rs.3,000/- 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. 12. In the result, the claimant is entitled to an additional compensation of Rs. 26,500/-. He is entitled to interest @ 9% from the date of petition till realization and proportionate costs. The third respondent being the insurer of the offending vehicle shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. 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