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 30TH JUNE 2010 / 9TH ASHADHA 1932 MACA.No. 160 of 2005() ---------------------- OPMV.4128/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/CLAIMANT IN OP MV: ------------------------------------------ ROY JOHN, AGED 26 YEARS, S/O.JOHN, PARAYIDATHUVELIYIL HOUSE, SOUTH OF KOCHUPALLY, NADAKKAVU P.O. UDAYAMPEROOR, ERNAKULAM. DIST. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): RESPONDENT: -------------------------- 1. LEELAMMA RAJU, W/O.RAJU III/660, THOTTAMAKARA HOSUE, POOTHOTTA P.O. ERNAKULAM DISTRICT. 2. K.P.BIJU, S/O.PEETHAMBARAN, KIZHAKKE THERUVIL HOSUE, KAMBIVELIKKAKATH, POOTHOTTA P.O. ERNAKULAM DISTRICT. 3. THE UNITED INDIA INSURANCE CO.LTD., BY ITS MANAGER, M.TPC OFFICE, VETTUKATTIL BUILDINGS, KOCHI 16. ADV. SRI.ABRAHAM P.GEORGE FOR R1 SMT.K.V.LEKSHMY FOR R1 SRI.P.SANKARANKUTTY NAIR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 160 of 2005 ------------------------------------------------------ Dated: JUNE 30, 2010 JUDGMENT Barkath Ali, J. In this appeal under sec.173 of the Motor Vehicles Act the claimant in OP(MV) 4128/1996 on the file of the Motor Accidents Claims Tribunal, Ernakulam, challenges the judgment and award of the Tribunal, dated, August 30, 2003 awarding a compensation of Rs.57,750/- for the loss caused to the claimant on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these: The claimant was aged 18 at the time of the accident and used to earn Rs.1000/- per month as a carpenter. On April 23, 1996 at about 8 p.m. the claimant was pushing a handcart along the Tripunithura - Poothotta road and when he reached near Udayamperoor Kochupally, a bus bearing registration No.KEE 2088 driven by the 2nd respondent came at a high speed and knocked him down. The claimant sustained serious injuries. According to the claimant the accident occurred due to the negligence on the part of the 2nd respondent. The 1st respondent as the owner, the 2nd respondent as the driver and the 3rd respondent as the insurer of the offending bus are jointly and severally liable to pay compensation to the claimant. He claimed a M.A.C.A.160 of 2005 2 compensation of Rs.2 lakhs. 3. Respondents 1 and 2 remained absent and were set ex parte by the Tribunal. The 3rd respondent, insurer of the offending bus, filed a written statement admitting the policy and further contended that there was also negligence on the part of the claimant. 4. The claimant was examined as PW.1 and Exts.A1 to A8 were marked on the side of the claimant before the Tribunal. PW.2, the employer of the claimant, was also examined on his side. No evidence was adduced by the contesting 3rd respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence on the part of the 2nd respondent and awarded a compensation of Rs.57,750/- with interest @ 9% per annum from the date of petition till realisation and proportionate costs. 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 2nd respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is M.A.C.A.160 of 2005 3 entitled to any enhanced compensation. 7. The claimant sustained the following injuries as revealed from Ext.A1, copy of the wound certificate, issued from the hospital. “Multiple abrasion face, neck, ear. Lacerated injury (Rt) elbow, and forearm. C/o. pain (Rt) high. Fracture of (Rt) femur.” Ext.A2 is the discharge summary issued from the hospital which shows thus - “the petitioner had suffered multiple abrasions on the right ear, right elbow and right femur which were sutured. There was an extensive abrasion on the back. He also suffered fracture of shaft of right femur and fracture of medial 1/3rd of left clavicle. Open reduction and I.M.nailing of (Rt) femur was done.” Ext.A5 certificate of disability shows that the claimant has suffered a disability of 8%. 8. The Tribunal awarded a total compensation of Rs.57,750/-. The break up of the compensation awarded is as under:- transportation - Rs.500/- damage to clothings - 250/- extranourishment - 500/- attendant's expenses - 1,500/- treatment expenses - 20,000/- pain and suffering - 15,000/- M.A.C.A.160 of 2005 4 loss of amenities - 8,000/- loss of earnings for 4 months - 8,000/- disfiguration - 4,000/- 9. The Counsel for the appellant/claimant sought enhancement of the compensation awarded for the loss of amenities and enjoyment of life and for pain and sufferings endured. He has pointed out that no compensation was awarded for the disability caused. The Tribunal took the monthly income of the claimant as Rs.2000/-. The claimant claims to be a carpenter. Therefore we feel that his monthly income can be reasonably fixed as Rs.2500/-. The claimant suffered a disability of 8% as revealed from Ext.A5 certificate of disability. As the claimant was aged only 18, a multiplier of 16 would be reasonable. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.38,400/- (2500 x12 x 16 x 8%). 10. The Tribunal awarded a compensation of Rs.8000/- for the loss of amenities and enjoyment of life which appears to be very low. Taking into consideration the nature of the injuries sustained, we feel that a compensation of Rs.15,000/- would be reasonable for the loss of amenities and enjoyment of life . As regards the compensation awarded under other heads, we find the same to be reasonable and M.A.C.A.160 of 2005 5 therefore we are not disturbing the same. 11. Thus the claimant is entitled to an additional compensation of Rs.45,400/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. The 3rd 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 mt/-