IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 MACA.No. 1604 of 2004() ----------------------- OPMV.757/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- STEEPHEN K. THOMAS, S/O. THOMAS, KAYYALATH HOUSE, PADIYARA BHAGOM, PATHAMUTTAM KARA, PANACHIKADU VILLAGE. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS/RESPONDENTS : --------------- 1. V.C. MATHEW @ KUNJUNJUKUTTY S/O MATHEW CHACKO, VELLUPARA HOUSE, POOMATTOM BHAGOM, PUTHUPPALLY P.O. 2. SOMANATHAN NAIR, S/O. GOPINATHAN NAIR, SOMALAYAM HOUSE, THALAPADY P.O., VIJAYAPURAM. 3. THE ORIENTAL INSURANCE CO.LTD., KOTTAYAM. ADV. SRI.SARVOTHAMAN FOR R1 SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1604 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.757/2000 on the file of Principal Motor Accidents Claims Tribunal, Kozhikode. In this appeal he challenges the judgment and award of the Tribunal dated January 30, 2004 awarding a compensation of Rs.39,500/- 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 February 15, 1999 at about 4.30.p.m. : Fracture patella, multiple laceration over knee and eye lid. 2. The accident happened while the claimant was riding his scooter bearing Reg.No.KEK 6772. When he reached at Chungavanam, the scooter dashed against an autorickshaw bearing Reg.No.KEK 5415 driven by the first respondent. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a MACA.No.1604/2004 2 compensation of Rs. 3,00,000/-. 3. Respondents 1 and 2, the driver and the owner of the offending autorickshaw remained absent before the Tribunal. The third respondent, the insurer of the offending autorickshaw filed a written statement admitting the policy. 4. This O.P. was jointly tried along with the O.P. filed by the pillion rider of the scooter and a common award was passed by the Tribunal. Exts.A1 to A23 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 first respondent and awarded a compensation of Rs. 39,500/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.2,000/-. 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.1604/2004 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 first 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.39,500/- The break up of the compensation amount awarded is as under: Loss of earnings - Rs. 4,000/- Treatment expenses - Rs. 1,000/- Transportation - Rs. 500/- Bystander exp. - Rs. 1,000/- Pain and suffering - Rs.10,000/- Disability - Rs.18,000/- Loss of amenities - Rs. 5,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused, for pain and suffering endured and for loss of amenities and enjoyment of life. 9. The Tribunal took the monthly income of the claimant as Rs.2,000/- and took the percentage of disability as 5% and adopted a multiplier of 15 as the claimant was aged 40 at the time of the accident and awarded Rs. 18,000/- for the disability caused. According to the MACA.No.1604/2004 4 claimant, he was doing a dealer in rubber earning Rs.5,500/- per month. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 3,500/-. The percentage of disability taken by the Tribunal as 5% appears reasonable though the doctor has assessed the disability at 11% in Ext.A9 disability certificate. The multiplier of 15 taken by the Tribunal is not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 31,500/- ( 5% x 3500 x 12 x 15). Thus on this count, the claimant is entitled to an additional compensation of Rs.13,500/-. 10. The Tribunal awarded Rs.5,000/- for loss of amenities and enjoyment in life and Rs.10,000/- for pain and suffering endured. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 10,000/- for loss of amenities and enjoyment in life and Rs.15,000/- for pain and suffering endured would be reasonable. 11. There is another aspect in this case. The Tribunal awarded Rs. 4,000/- towards loss of earnings for 2 months @ Rs. 2,000/- per MACA.No.1604/2004 5 month. As we have fixed the monthly income of the claimant as Rs. 3,500/-, he is entitled to a compensation of Rs. 7,000/- towards loss of earnings. Thus on this count, the claimant is entitled to an additional compensation of Rs. 3,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 12. There is another aspect in this case. 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. 13. In the result, the claimant is found entitled to an additional compensation of Rs.26,500/-. 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 amount before the Tribunal within two months from the date of receipt of a copy of this judgment. The MACA.No.1604/2004 6 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.1604/2004 7