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 13TH JUNE 2011 / 23RD JYAISHTA 1933 MACA.No. 1647 of 2005() ----------------------- OPMV.1724/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL,KOTTAYAM .................... APPELLANT: APPELLANT/PETITIONER: ----------------------------------- SHAJI, NIRAPPELPARAMBIL HOUSE, NALPPATHIMALA BHAGOM, MANNANAM KARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM TALUK. BY ADVS. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENT(S): RESPONDENTS: --------------------------- 1. PRADEEP, PUTHENVEETTIL, OTAKANJIRAM BHAGOM, AMALAGIRI P.O. 2. BABU, CHAMAKALAYIL, CHERUVANDOOR POST, ETTUMANOOR. 3. THE NEW INDIA ASSURANCE COMPANY LTD., POOZHIKALA BUILDINGS, ETTUMANOOR. R3 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: smvd A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1647 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 13th day of June, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.1724/2001 on the file of the Motor Accidents Claims Tribunal, Kottayam. In this appeal he challenges the judgment and award of the Tribunal dated December 13, 2004 awarding a compensation of ` 68,850/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on December 20, 2000 at 3.30 p.m. in front of V Publication Office, near C.M.S. College, Kottayam. While the claimant was travelling in an auto- rickshaw bearing registration No. KL-5/B 5745 along Chunkam – Varisserry road, the driver of the auto-rickshaw (the first respondent) lost control and the auto-rickshaw capsized, as a result of which the claimant sustained serious injuries. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of ` MACA 1647/2005 2 3,00,000/-. 3. Respondents 1 and 2, the driver and the owner of the offending auto-rickshaw, remained absent before the Tribunal. The third respondent, the insurer of the offending vehicle, filed a written statement admitting the policy but denied the liability. The claimant was examined as PW1 and Exts.A1 to A 16 were marked on the side of the claimant. No evidence was adduced by the contesting third respondent. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the first respondent and awarded a compensation of ` 68,850/- with interest @ 6% p.a. from the date of petition till realization and a cost of ` 4,000/-. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the claimant and the counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the first respondent is not seriously challenged in this appeal. MACA 1647/2005 3 Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 6. The claimant sustained the following injuries in the accident:- 1) Multiple small abrasions both legs. 2) Fracture both bones left leg. 7. The Tribunal awarded a total compensation of ` 68,850/-. Break up of the compensation awarded is as under:- Loss of earning : ` 7,500 Transportation expenses : ` 1,500 Medical expenses : ` 500 Bystander's expenses : ` 3,750 Pain and suffering : ` 10,000 Disability : ` 10,000 Loss of earning power : ` 30,600 Future prospects : ` 5,000 ------------------ Total : ` 68,850 ======= 8. The counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. 9. The Tribunal took the monthly income of the claimant as ` 1,500/-, took the percentage of disability as 10%, adopted MACA 1647/2005 4 multiplier of 17and awarded a compensation of ` 30,600/- for the loss of earning power. The Tribunal also awarded ` 10,000/- for the disability caused. The claimant was working as a Salesman-cum-Supplier in his canteen functioning at M.G.University Campus. He was drawing a salary of ` 4,000/- per month, as revealed from Ext.A13 certificate issued by one Sambasivan. Taking into consideration the above aspect, we feel that his monthly income can reasonably be fixed at ` 2,750/-. 10. As regards the percentage of disability caused to the claimant, Ext.A15 certificate issued by the doctor shows that he has a permanent disability of 12%. Taking into consideration the nature of the disability caused to the claimant, we feel that 10% disability assessed by the Tribunal appears to be reasonable. Multiplier adopted by the Tribunal as 17 is not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of ` 56,100/- (` 2,750/- x 12 x 17 x 10%).Thus the claimant is entitled to an additional compensation of ` 15,500/- (` 56,100/- MACA 1647/2005 5 – (` 30,600/- + ` 10,000/-) on this count. 11. The Tribunal awarded a sum of ` 7,500/- towards loss of income for five months at the rate of ` 1,500/- per month. As we have fixed monthly income of the claimant as ` 2,750/-, he is entitled to a compensation of ` 13,750/- on this count. 12. The Tribunal awarded ` 10,000/- for pain and suffering endured by the claimant, which appears to be very low. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of ` 15,000/- would be reasonable on this count. 13. No compensation is seen awarded for loss of amenities and enjoyment in life. Having regard to the nature of the injuries sustained by the claimant, we feel that a compensation of ` 10,000/- would be reasonable 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. 14. In the result, the claimant is found entitled to an additional compensation of ` 36,750/-. The Tribunal awarded MACA 1647/2005 6 interest only @ 6% per annum, which appears to be very low. He is entitled to interest @ 7.5% per annum for the compensation already awarded and also for the enhanced compensation from the date of petition till realization. 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