IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 MACA.No. 1030 of 2008() ----------------------- OPMV.1395/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- C.V.CLETUS, S/O.VINCENT, AGED 61 YEARS, CHITTETH HOUSE, NAYARAMBALAM P.O., VYPIN, ERNAKULAM. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): RESPONDENT NO.3 ------------------------------ NEW INDIA ASSURANCE CO.LTD., ARISTO COMPLEX, MAHE. ADV. SMT.M.HEMALATHA FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1030 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1395/2001 on the file of Motor Accidents Claims Tribunal, Thalassery. In this appeal he challenges the judgment and award of the Tribunal dated November 7, 2007 awarding a compensation of Rs.85,000/- 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 July 30, 2001 at about 1.15 p.m. at Mele Chovva : Fracture of clavicle. C.T. scan revealed haemorrhagic contusion involving the left cerebral hemosphere. 2. The accident happened while the claimant was walking along Chovva-Mattannur road, he was knocked down by the jeep bearing Reg.No.KL-13/C 2071 driven by the second respondent. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act MACA.No.1030/2008 2 claiming a compensation of Rs. 1,50,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending jeep remained absent before the Tribunal. The third respondent, the insurer of the offending jeep filed a written statement admitting the policy. 4. Pws 1 to 4 were examined and Exts.A1 to A11 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 jeep by second respondent and awarded a compensation of Rs. 85,000/- with interest @ 7% per annum from the date of petition till realisation and proportionate cost. 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 MACA.No.1030/2008 3 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.85,000/-. The break up of the compensation amount awarded is as under: Medical expenses - Rs. 15,140/- Bystander expenses - Rs. 1,200/- Transportation - Rs. 1,000/- Review - Rs. 500/- Loss of earning - Rs. 7,500/- Pain and suffering - Rs. 10,000/- Loss due to disability - Rs. 49,500/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused, for loss of amenities and enjoyment of life and on other heads. 9. The Tribunal took the monthly income of the claimant as Rs.2,500/- and took the percentage of disability as 15% and adopted a multiplier of 11 and awarded Rs. 49,500/- for the disability caused. According to the claimant, he was a carpenter earning Rs. 200/- per day. PW3 is the employer of the claimant. Taking into consideration the above aspect, we feel that the monthly income of the claimant can MACA.No.1030/2008 4 be reasonably fixed at Rs. 3,000/-. The multiplier of 11 and the percentage of disability as 15% taken by the Tribunal appear reasonable. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 59,400/- ( 15% x 3000 x 12 x 11). Thus on this count, the claimant is entitled to an additional compensation of Rs.9,900/-. 10. The Tribunal did not award any compensation for loss of amenities and enjoyment in life. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 10,000/- would be reasonable on this count. 11. The Tribunal awarded Rs. 7,500/- towards loss of earnings for 3 months @ Rs. 2,500/- per month. As we have fixed the monthly income of the claimant as Rs. 3,000/-, he is entitled to a compensation of Rs.9,000/- towards loss of earnings. Thus on this count, the claimant is entitled to an additional compensation of Rs. 1,500/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 12. In the result, the claimant is found entitled to an additional MACA.No.1030/2008 5 compensation of Rs. 21,400/-. He is entitled to interest @ 7% 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 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.1030/2008 6