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 9TH MARCH 2010 / 18TH PHALGUNA 1931 MACA.No. 161 of 2006() ---------------------- OPMV.2993/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S):PETITIONER: ----------------------------------- SUBRAMANIAN, S/O. NARAYANAN, RESIDING AT THACHILETH HOUSE, PULIKKAPPURAM P.O. ATHANI, THRISSUR. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SRI.SREEKANTH.K.R SRI.JIBU P THOMAS SRI.SUNIL J.CHAKKALACKAL RESPONDENT(S): --------------- 1. UNNIAN, RESIDING AT ODAVAKATTIL HOUSE, VEERAMANGALAM, TRIKKADERI, OTTAPALAM, PALAKKAT DISTRICT. 2. SHANAVAS, S/O. KUNJUMUHAMMED, RESIDING AT MADAPATTUPARAMBIL HOUSE, P.O. KUMARANELLUR, THRISSUR DISTRICT. 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE, KURUPPAM ROAD, THRISSUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 161 of 2006 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 9th day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under section 173 of the Motor Vehicles Act claimant in O.P.(MV) No.2993 of 2000 of the Motor Accidents Claims Tribunal, Thrissur challenges the quantum of compensation awarded by the Tribunal for the loss caused to him, on account of the injury sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these:- On September 30, 2000 at about 7.45 p.m. the claimant was cycling along the western side of Thrissur-Wadakkancherry road. When he reached in front of Keltron a jeep bearing registration No.KLM 9378 came from behind and knocked him down. The claimant sustained very serious head injury. At that time, he was aged 45 and was earning Rs.4,500/- per month as a head load worker. According to the claimant, the accident occurred due to a rash and negligent driving of MACA 161/06 2 the offending vehicle by the second respondent. The first respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending vehicle are jointly and severely liable to pay the compensation to the claimant. The claimant claimed a compensation of Rs.2 lakhs. 3. The first respondent, the R.C. owner of the offending vehicle, filed a written statement, stating that on April 1, 1999 he has sold the vehicle to one Ashraf. The second respondent driver of the offending vehicle remained absent and was set ex parte before the Tribunal. The third respondent insurer of the offending vehicle filed a written statement, admitting the policy. 4. The claimant was examined as PW1 and Exts. A1 to A13 series were marked on the side of the claimant. On the side of the contesting third respondent, copy of the policy was marked as Ext.B1. On an appreciation of the evidence, the Tribunal awarded a compensation of Rs.46,500/- with interest at the rate of 6% p.a. from the date of petition till MACA 161/06 3 realization and costs. The claimant has come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the rash and negligent driving of the offending jeep by 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? 6. The claimant sustained the following injuries:- 1) Head injury with cerebral oedema. 2) Extra dural heamotoma in the left occipital area. 3) Haematoma 4 x 3 c.m. on vertigo of head. 4) Abrasion on right leg, right foot, left elbow, right forearm, right scapular area and right toe. 5) Lacerated wound on right foot. Ext.A2 is the wound certificate. Ext.A6 is the discharge summary, which shows that the claimant was an inpatient in MACA 161/06 4 the hospital from 30-9-2000 to 9-10-2000. Ext.A7 is the medical certificate. Ext.A8 series are certificates regarding the treatment. Ext.A9 is the medical certificate showing the treatment undergone by the claimant. Ext.A10 is the salary certificate showing his salary as Rs.4,595/-. Ext.A12 disability certificate shows that he has 18% disability. 7. The Tribunal awarded a total compensation of Rs.46,500/-. The break up of the compensation awarded is as under:- Loss of earnings : Rs.7,500/- Medical expenses : Rs.11,000/- Pain and suffering : Rs.10,000/- Loss of amenities and enjoyment : Rs.8,000/- of life. Permanent disability : Rs.10,000/- ----------------- Total : Rs.46,500/- ======= 8. The learned counsel for the appellant has sought enhancement of compensation mainly for the loss of earnings, pain and suffering endured and for the disability caused. There is force in the above contention. The claimant was a head load worker. MACA 161/06 5 9. The Tribunal awarded Rs.10,000/- for the pain and and suffering endured by the claimant which we feel is very low. Taking into consideration the nature of the injuries sustained and the period of treatment the claimant has undergone, we feel that a compensation of Rs.20,000/- would be adequate on this count. Thus, on this head the claimant is entitled to an additional compensation of Rs.10,000/-. 10. For the disability caused, the Tribunal awarded a compensation of Rs.10,000/-, which appears to be very low. The claimant was aged 45 at the time of the accident and used to earn Rs.4,500/- per month, as testified by him as PW1. He produced Ext.A11, a certificate issued by the General Manager of Malabar Building Products, Thrissur to show that he used to earn Rs.4,595/- per month. A copy of Ext.A11 is made available for our perusal by the learned counsel for the appellant. The Tribunal took his monthly income as Rs.2,500/- which appears to be low. In the light of Ext.A11 certificate, we feel that his monthly income can be MACA 161/06 6 reasonably fixed as Rs.3,000/-. In Ext.A12, the certificate of disability, a copy of which is made available by the learned counsel for the appellant for our perusal, it is certified that the claimant has now occasional post traumatic headache and giddiness and his disability is assessed at 8%. Having regard to the disability noted by the doctor in Ext.A12, we feel that the percentage of disability assessed by him appears to be on the higher side. Taking into consideration the disability noted in Ext.A12, we feel that an additional amount of Rs.10,00/- would be reasonable on this count. 11. For the loss of earnings, the Tribunal awarded Rs.7,500/- for three months at the rate of Rs.2,500/- per month. We have fixed the monthly income of the claimant as Rs.3,000/-. Therefore, for the loss of earnings the claimant is entitled to Rs.9,000/- . Thus, on this count the claimant is entitled to additional compensation of Rs.1,500/-. Compensation awarded by the Tribunal under other heads appear to be reasonable. Therefore, we are not disturbing the same. MACA 161/06 7 12. Thus, the claimant is entitled to an additional compensation of Rs.21,500/- with 9% interest p.a. from the date of petition till realization. The claimant is entitled to proportionate costs. The third respondent, the Insurance Company, shall deposit the amount 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 allowed as found above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.