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 3RD MARCH 2010 / 12TH PHALGUNA 1931 MACA.No. 571 of 2006() ---------------------- OPMV.1839/1997 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT/PETITIONER ----------------------------- P.P.SURENDRAN, AGED 36 YEARS, S/O. KUMATRAN, PUTHANPURACKAL HOUSE, P.O.MANKAVU, CALICUT-673 007. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS/RESPONDENTS: --------------- 1. T.N.SHAILAJA, AGED 32 YEARS, D/O. KUNHIRAMAN, KULANGARAKUZHIYIL HOUSE, ULLIERI P.O., VIA, KOYILANDY, KOZHIKODE. 2. THE BRANCH MANAGER, THE UNITED INDIA INSURANCE CO. LTD., CALICUT. ADV. SMT.K.C.BEENA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q. BARKATH ALI, JJ. ------------------------- M.A.C.A No.571 of 2006 -------------------------- Dated this the 3rd March, 2010 J U D G M E N T Barkath Ali,J. In this appeal under Section 173 of the Motor Vehicles Act, the claimant in O.P. (MV) No.1839 of 1997 of the Motor Accidents Claims Tribunal, Kozhikode challenges the judgment and award of the Tribunal dated September 27, 2005 awarding a compensation of Rs.40,050/- for the loss caused to the claimant on account of the injury sustained in a motor accident. 2. The facts in brief are these: On February 17, 1997 at about 8.30 a.m. while the claimant was walking along the Kozhikode-Mankavu road and reached at Mooriyad, a bus bearing Reg. No. KRD 7170 came at a high speed and knocked him down. The claimant sustained serious injuries. According to the claimant, the accident occurred due to the rash and negligent driving of the driver of the bus. First respondent as the owner and 2nd respondent as the insurer of the offending bus are jointly and severally liable to pay compensation to the M.A.C.A No.571 of 2006 2 claimant. The claimant claimed a compensation of Rs.2 lakhs. 3. First respondent, the owner of the vehicle remained absent before the Tribunal. Second respondent, the insurer of the offending vehicle filed a written statement admitting the policy. 4. Exts. A1 to A5 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting 2nd respondent. On an appreciation of evidence, the Tribunal found that the accident occurred due to negligence on the part of the driver of the bus and awarded a compensation of Rs.40,050/-. 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 2nd respondent Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that accident occurred due to negligence on the part of the driver of the offending bus is not challenged in this appeal. Therefore, the only which arise for M.A.C.A No.571 of 2006 3 consideration is whether the claimant is entitled to any enhanced compensation. 7. The claimant sustained the following injuries. i. Transverse lacerated wound on the medial side of femur having a size of 6 x 2 c.m. ii. Lacerated wound on the medial side of ankle exposing bone 4 x 3 c.m. iii. Lacerated wound on the medial side of heel having a size of 5 x 3 c.m iv. Compound fracture of lower 1/3rd of tibia and fibula. 8. Ext.A2 is the copy of the wound certificate. Ext.A3 is the copy of reference card. He was admitted on 17.2.1997 and was discharged on 7.3.1997. Ext.A4 is the copy of the admission register which shows that the date of birth of the claimant as 1.5.1959. So on the date of incident, petitioner was aged 37 years. Ext.X1 certificate of disability issued from the Medical College Hospital, Calicut shows that the claimant has suffered a permanent disability of 5%. M.A.C.A No.571 of 2006 4 The Tribunal awarded compensation as follows: Transport to hospital - Rs. 1,000/- Extra nourishment - 1,500 Damage to clothing - 250 Compensation for inpatient for 18 days at the hospital - 1,800 Medical expenses - 4,500 Pain and suffering 15,000 Loss of earning - 4,000 Disability caused - 12,000 ------------------------ Total - 40,050 =========== 9. The counsel for the claimant mainly claimed enhancement of compensation towards disability caused. The Tribunal took the monthly income of the claimant as Rs.2,500/- and adopted a multiplier of 16 and for the 5% disability caused , awarded a compensation of Rs.12,000/-. The claimant was a coolie aged 37. Therefore we feel that his monthly income can be reasonably fixed at Rs.2,500/-. The percentage of disability assessed from the Medical College Hospital, Calicut and multiplier 16 adopted by the M.A.C.A No.571 of 2006 5 Tribunal is not seriously disputed. Thus calculated for the disability caused, the claimant is entitled to compensation of Rs.24,000/-. Thus on this count, the claimant is entitled to additional compensation of Rs.12,000/- 10. Towards loss of earning, the Tribunal awarded Rs.4,000/- i.e. at the rate of Rs.2,000/- per month for two months. We have fixed the monthly income of the claimant as Rs.2,500/- per month. The injury sustained by the claimant shows that he must have been disabled for six months. Therefore, towards loss of earnings the claimant is entitled to compensation of Rs.15,000/- i.e. for six months at the rate of Rs.2,500/- per month. Thus on this count, the claimant is entitled to additional compensation of Rs.11,000/-. 11. There is another aspect in this case. For the loss of amenities and enjoyment of life, no compensation was awarded by the Tribunal. Taking into consideration the nature of the injury sustained, we feel that a compensation of Rs.5,000/- would be reasonable on this count. M.A.C.A No.571 of 2006 6 12. Thus the claimant is entitled to additional compensation of Rs.28,000/-. It is seen from the award that only 6% interest was awarded by the Tribunal which is very low. Therefore, for the entire compensation awarded, the claimant is entitled to interest at the rate of 9% per annum from the date of petition till this date and thereafter interest at the rate of 7.5% per annum till realisation. 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 ma M.A.C.A No.571 of 2006 7 M.A.C.A No.571 of 2006 8