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 12TH JANUARY 2011 / 22ND POUSHA 1932 MACA.No. 203 of 2004() ------------------------------------- OPMV.670/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S):APPLICANT ---------------------------------------- XAVIER, AGED 45 YEARS, S/O.OUSEPH, PARADIYAL HOUSE, VETTILAPARA, AREACODE, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. MEKKALANPATTA MOHANAN, S/O.AYYAPPAN, VILLAKUPARAMBU, VETTILAPPARA, AREACODE, MALAPPURAM DISTRICT. 2. SABU THOMAS, S/O.THOMAS, CHAKKITTAMURIYIL HOUSE, ANAKKAMPOYIL HOUSE, THIRUVAMPADI, CALICUT. 3. M/S.UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE, THAMARASSERI.. R3 BY ADV.SRI. P. JAYASANKAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 12/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss A.K. BASHEER & P.Q. BARKATH ALI,JJ. ........................................... M.A.C.A.NO.203 OF 2004 ............................................. Dated this the 12th day of January, 2011. J U D G M E N T Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.670/2001 on the file of the Motor Accidents Claims Tribunal, Manjeri. In this appeal he challenges the judgment and award of the Tribunal dated March 11, 2003 awarding a compensation of `66,800/= for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on January 31, 1998 at about 3.30 p.m at Chengara. While the claimant was travelling in a jeep bearing Reg.No.110/A-6494 from Kottayam to Vettilapara, it went off the road and dashed against a tree on the side of the road. 3. The claimant sustained the following injuries in the accident :- 1. Fracture Pattella left (comminuted) 2. Fracture lower end of radius (right) 3. Contusion chest and knee (right) 4. Lacerated wound forehead 4x1x0.5cm : 2 : M.A.C.A.NO.203 OF 2004 4. 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 Rs.1,20,000/=. Respondents 1 and 2, the driver and owner of the car remained absent before the Tribunal. The 3rdrespondent, the insurer filed a written statement admitting the policy. 5. This original petition was tried jointly along with other original petitions filed by other injured persons and a common award was passed. Exts.A1 to A6 and Ext.X1 were marked on the side of the claimant. No evidence was adduced by the contesting 3rd respondent. On an appreciation of evidence, the Tribunal found that the accident occurred due to negligence on the part of first respondent and awarded a compensation of Rs.66,800/= with interest @ 9% p.a. from the date of petition till realization and a cost of Rs.750/=. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 6. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. : 3 : M.A.C.A.NO.203 OF 2004 7. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the first respondent 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. 8. The Tribunal awarded a total compensation of Rs.66,800/= Break up of the compensation awarded is as under:- Loss of earnings : Rs.10,800/= Transport to hospital : Rs.1,000/= Extra nourishment : Rs. 1,000/= Bystander's expenses : Rs.1,000/= Treatment and medical expenses : Rs.10,000/= Pain and medical expenses : Rs.15,000/= Disability : Rs. 28,000/= -------------------- Rs. 66,800/= ========== 9. The learned counsel for the appellant/claimant sought enhancement of compensation for the disability caused and on other heads. He pointed out that no compensation was awarded for the loss of amenities and enjoyment in life. : 4 : M.A.C.A.NO.203 OF 2004 10. No compensation was seen awarded by the Tribunal for the loss of amenities enjoyment in life . Nature of the injuries sustained by the claimant shows that he must have suffered some inconvenience for which he is entitled to a compensation of Rs.5,000/=. 11. The Tribunal took the monthly income of the claimant as Rs.1,800/= and took percentage of disability as 10% and adopted mutiplier of 13 and awarded Rs.28,000/= for the disability caused. 12. The claimant claimed to be a rubber taper earning Rs.3,000/= per month, according to him. Taking into consideration the above aspect, we feel that his monthly income can be reasonably fixed at Rs.2,000/=. Percentage of disability as 10% assessed by the Medical Board in Ext.X1 and the multiplier as 13 adopted by the Tribunal are not seriously challenged in this appeal. Thus for the disability caused, the claimant is entitled to a compensation of Rs.31,200/=. As regards the compensation awarded under other heads, we find that the same to be reasonable and therefore, we are not disturbing the same. : 5 : M.A.C.A.NO.203 OF 2004 13. In the result, the claimant is found entitled to an additional compensation of Rs.8,200/=. He is entitled to interest @ 9% per annum from the date of petition till realization. The 3rd respondent 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. cl : 6 : M.A.C.A.NO.203 OF 2004