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 19TH JANUARY 2011 / 29TH POUSHA 1932 MACA.No. 1206 of 2004() ----------------------- MVOP.234/1997 of ADL.D.C. & MACT,THODUPUZHA .................... APPELLANT/CLAIMANT ----------------------- BINU.K.ABRAHAM, S/O.K.V.ABRAHAM, KATTUMATTATHIL 8TH MILE, CHAKKUPALLAM P.O., KUMILY. BY ADV. SRI.C.K.VIDYASAGAR SRI.P.CHANDY JOSEPH RESPONDENT(S): RESPONDENTS -------------------------- 1. GEO MATHEW, KADUPLACKAL HOUSE, NEDUMKANDAM P.O., MANJAPETTY. 2. ASHLY CHERIAN, THANAMACKAL HOUSE, PAMPADUMPARA P.O., NEDUMKANDAM. 3. THE NEW INDIA INSURANCE COMPANY LIMITED, KATTAPPANA BRANCH. ADV. SRI.A.C.DEVY FOR R.3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1206 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.234/1997 on the file of Motor Accidents Claims Tribunal, Thodupuzha. In this appeal, he challenges the judgment and award of the Tribunal dated October 8, 2002 awarding a compensation of Rs.5,07,700/- 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 November 7, 1996 at about 11.15 p.m. : 1. Lacerated wound 1 cm., long over the right side of the root of the nose. 2. Multiple abrasion over the interior aspect of the right forearm and the left legs. 3. Tenderness over the ribs on the right side of the chest. 4. Air entry deminished on the right side. 5. Fracture of the spine with paraplegia and fracture of the ribs with haemothroax. 2. The accident happened while the claimant was travelling in the jeep bearing Reg.No.KL 6/9130 from Nedumkandam to Kottayam. When he reached at 40th Mile near Amalagiri on the KK road, it MACA.No.1206/2004 2 overturned and fell into a ravine. Alleging negligence against the second respondent, the driver of the jeep, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 10,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending jeep filed a joint written statement admitting the accident, but denied the liability. The third respondent, the insurer of the offending jeep filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A10 were marked on the side of the claimant before the Tribunal. Ext.B1 was marked 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 jeep by second respondent and awarded a compensation of Rs. 5,07,700/- with interest @ 9% 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 MACA.No.1206/2004 3 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 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.5,07,700/-. The break up of the compensation amount awarded is as under: Damage to clothes - Rs. 250/- Transport to hospital - Rs. 2,000/- Treatment expenses - Rs.25,690/- Extra nourishment - Rs. 1,000/- Bystander expenses - Rs. 3,750/- Pain and suffering - Rs.25,000/- Loss of amenities and enjoyment in life and loss of marriage prospects - Rs.75,000/- Disability - Rs.3,00,000/- Bystander expenses - Rs. 73,000/- 7. Counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. 8. The Tribunal took the monthly income of the claimant as MACA.No.1206/2004 4 Rs.1,400/- and took the percentage of disability as 80% and awarded Rs. 3,00,000/- for the disability caused. The claimant was aged 21 and was final year BA History student. Due to the injuries sustained, he became paraplegic. His chance of getting an employment in future is lost. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 2,000/-. The percentage of disability as 80% and the multiplier as 18 taken by the Tribunal are not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 3,45,600/- ( 80% x 2000 x 12 x 18). Thus on this count, the claimant is entitled to an additional compensation of Rs.45,600/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 9. In the result, the claimant is found entitled to an additional compensation of Rs. 45,600/-. He is entitled to interest @ 9% per annum from the date of petition till realisation 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 MACA.No.1206/2004 5 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.1206/2004 6