IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 MACA.No. 1630 of 2004() ----------------------- OPMV.625/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- SANKURU, S/O.SANKARAN, THERVEETTIL HOUSE, KIZHAKKUMURI P.O., THRISSUR. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS -------------------------- 1. JOHNSON P.J., S/O.JOSE, PADINJAREPEEDIKA HOUSE, KALLETTUMKARA P.O, IRINJALAKUDA. 2. P.V.JOSE, S/O.VAREED, PADINJAREPEDIKA HOUSE, DO .DO. 3. UNITED INDIA INSURANCE COMPANY LTD., TANA, IRINJALAKUDA. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 1630 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.625/2996 on the file of Motor Accidents Claims Tribunal, Irinjalakuda. In this appeal, he challenges the judgment and award of the Tribunal dated March 15,2004 awarding a compensation of Rs.26,000/- 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 August 16, 1995 at about 4.30.p.m. at Vellanchira : 1. Abrasions right knee, left knee, left leg. 2. Fracture femur right. 2. The accident happened while the claimant was riding his motor cycle bearing Reg.No.KL-S/E 31 from Chalakudy to his house. When he reached near Vellanchira, a petty autorickshaw bearing Reg.No.KL-8/C 8762 driven by the second respondent dashed against the back side of the motor cycle. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal MACA.No.1630/2004 2 under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 1,50,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending autorickshaw filed a joint written statement admitting the accident, but attributed negligence to the claimant. The third respondent, the insurer of the offending autorickshaw filed a written statement admitting the policy. 4. Exts.A1 to A13 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. 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. 26,000/- with interest @ 6% per annum from the date of petition till realisation against respondents 1 and 2. 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. MACA.No.1630/2004 3 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 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.26,000/-. The break up of the compensation amount awarded is as under: Loss of earnings - Rs.9,000/- Transportation - Rs. 500/- Medical expenses - Rs.7,000/- Bystander expenses - Rs. 500/- Pain and suffering - Rs.5,000/- Loss of amenities - Rs.4,000/- 8. Counsel for the claimant pointed out that no compensation was awarded by the Tribunal for the disability caused. 9. In Ext.A11, the certificate of disability, the doctor has fixed the disability at 12%. Taking into consideration the nature of the disability caused to him, we feel that the percentage of disability assessed by the doctor is reasonable. Therefore, we feel that he is entitled for compensation for the disability caused. The claimant was aged 29 and was a Karatte master earning Rs.1500/- per month, MACA.No.1630/2004 4 according to him. Taking into consideration the above aspect, we feel that the monthly income of the claimant taken by the Tribunal as 1500/- appears reasonable. The proper multiplier that can be adopted in this case is 16. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 34,560/- ( 12% x 1500 x 12 x 16). As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 10. There is another aspect in this case. The Tribunal has exonerated the third respondent Insurance Company from the liability as respondents 1 and 2 have not be produced the insurance policy of the vehicle. But in this appeal, the counsel for the Insurance Company fairly conceded the existence of a valid insurance policy. Therefore, the third respondent is liable to indemnify respondents 1 and 2. 11. 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. MACA.No.1630/2004 5 12. In the result, the claimant is found entitled to an additional compensation of Rs. 34,560/-. 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 compensation already awarded by the Tribunal and the enhanced compensation with interest and cost 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.1630/2004 6 MACA.No.1630/2004 7