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 14TH FEBRUARY 2011 / 25TH MAGHA 1932 MACA.No. 250 of 2005() ---------------------- OPMV.1494/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- RAPHEL, S/O. MIKHAYEL, PLAKKA HOUSE, MATTATHURKUNNU P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS --------------- 1. CHANDRIKA BHASKARAN, PANIKKATTIPARAMBIL HOUSE, MATTATHURKUNNU P.O. 2. CHANDRAN, THALAPPULAM HOUSE, VASUPURAM, MATTATHURKUNNU. 3. MANAGER, ORIENTAL INSURANCE CO., NEAR THIRUVAMBADY TEMPLE, THRISSUR. ADV. SRI.G.SREEKUMAR (CHELUR) FOR R1 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.250 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1494/1998 on the file of Motor Accidents Claims Tribunal, Irinjalakuda. In this appeal, he challenges the judgment and award of the Tribunal dated May 28, 2004 awarding a compensation of Rs.79,743/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident that occurred on September 14, 1998 at about 7 p.m. : Fracture to the right radius, soft tissue injury back, contusion left hand, tenderness over cervical lumber spine and haematoma over left elbow. 2. The accident happened while the claimant was standing on the side of Vellikulangara-Kodakara road, he was knocked down by the autorickshaw driven by the second respondent. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 2,00,000/-. MACA.No.250/2005 2 3. Respondent No. 1, the owner of the offending autorickshaw remained absent before the Tribunal. The second respondent, the driver of the offending autorickshaw field a written statement admitting the accident, but denied the liability. The third respondent, the insurer of the offending autorickshaw filed a written statement admitting the policy. 4. Pws 1 and 2 were examined and Exts.A1 to A11 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending autorickshaw by second respondent and awarded a compensation of Rs. 79,743/- with interest @ 6% per annum from the date of petition till realisation. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellant/claimant and the counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the MACA.No.250/2005 3 second respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.79,743/-. The break up of the compensation amount awarded is as under: Loss of earnings - Rs. 9,000/- Medical expenses - Rs.10,083/- Transportation - Rs. 200/- Hospital expenses - Rs. 1,000/- Disability - Rs. 48,960/- Loss of amenities - Rs. 3,000/- Pain and suffering - Rs. 7,500/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused, for the pain and suffering endured and for loss of amenities and enjoyment of life. 9. The Tribunal took the monthly income of the claimant as Rs.3,000/- and took the percentage of disability as 8% and adopted a multiplier of 17 and awarded Rs. 48,960/- for the disability caused. According to the claimant, he was working in Soudi Arabia as a Salesman earning Rs.10,000/- per month. Ext.A11 is the copy of his passport. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs.4,000/-. MACA.No.250/2005 4 The percentage of disability as 8% taken by the Tribunal appears reasonable. The multiplier of 17 taken by the Tribunal is not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 65,280/- ( 8% x 4,000 x 12 x 17). Thus on this count, the claimant is entitled to an additional compensation of Rs.16,320/-. 10. The Tribunal awarded Rs.3,000/- for loss of amenities and enjoyment in life and Rs.7,500/- for pain and suffering endured by the claimant. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 10,000/- for loss of amenities and enjoyment in life and Rs.15,000/- for pain and suffering endured would be reasonable. 11. The Tribunal awarded Rs. 9,000/- towards loss of earnings for 3 months @ Rs. 3,000/- per month. As we have fixed the monthly income of the claimant as Rs. 4,000/-, he is entitled to a compensation of Rs. 12,000/- towards loss of earnings. Thus on this count, the claimant is entitled to an additional compensation of Rs. 3,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. MACA.No.250/2005 5 12. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum which appears to be very low. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. 13. In the result, the claimant is found entitled to an additional compensation of Rs. 33,820/-. He is entitled to interest 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation and proportionate cost. The 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. 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 sv. MACA.No.250/2005 6