IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 MACA.No. 448 of 2005 & CROSS OBJECTION 51/ 05 ---------------------- OPMV.838/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/3RD RESPONDENT -------------------------------------- THE ORIENTAL INSURANCE CO. LTD., KANNUR, REP. BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANT ----------------------- PARAMBATH RAJEEVAN, S/O.JANARDHANA KURUP, VIJAYAPURAM, NEAR MANOLIKAVU, P.O.TEMPLE GATE, THALASSERY. ADV. SRI.E.V.NAYANAR FOR R1 SRI.C.P.KUNHIKANNAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.448 OF 2005 & Cross Objection No.51 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of August, 2010 JUDGMENT Barkath Ali, J. Appellant is the third respondent Insurance Company in O.P. (MV)No.838/1999 on the file of Motor Accidents Claims Tribunal, Thalassery. The appeal is directed against the judgment and award of the Tribunal dated October 29, 2004 awarding a compensation of Rs. 2,25,000/- to the claimant for the loss caused to him on account of the injuries sustained in a motor accident. 2. The claimant sustained fracture of both bones of right leg in a motor accident that occurred on January 15, 1999 at about 9.30 a.m. The accident happened while the motor cycle ridden by the claimant bearing Reg.No.KL-8/D 3640 collided head on with a jeep bearing Reg.No.KL-8/G 1247 driven by the second respondent. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal claiming a compensation of Rs. 3,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the MACA.NO.448/05 & Cross Objection 51/05 2 offending jeep filed a written statement admitting the accident, but denying the liability. The third respondent, the insurer of the offending jeep filed a written statement admitting the policy of the vehicle. 4. PW1 was examined and Exts.A1 to A12 were marked on the side of the claimant. No evidence was adduced by the contesting respondents. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence of the second respondent and awarded a compensation of Rs. 2,25,000/- with interest @ 9% per annum from the date of petition till realisation and proportionate cost. The third respondent-Insurance Company has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. The claimant has filed the cross objection claiming enhancement of the compensation awarded. 5. Heard the counsel for the appellant/Insurance Company and the counsel for the claimant. 6. The accident was not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the second respondent is also not challenged in this appeal or in the cross objection. The only contention raised by the appellant/Insurance MACA.NO.448/05 & Cross Objection 51/05 3 company is that the compensation awarded by the Tribunal for the disability caused is excessive and that it has to be reduced. 7. Counsel for the claimant argued that the compensation awarded by the Tribunal is very low and claimed enhancement of the compensation amount awarded. 8. The following questions arise for consideration : 1) Whether the compensation awarded by the Tribunal is excessive ? 2) Whether the claimant is entitled to any enhanced compensation ? 9. The Tribunal awarded a total compensation of Rs. 2,25,000/-. The break up of the compensation awarded is as under : Loss of earning - Rs. 30,000/- Medical expenses - Rs. 30,000/- Transportation charges - Rs. 5,000/- Bystander expenses - Rs. 5,000/- Extra nourishment - Rs. 5,000/- Pain and suffering - Rs. 30,000/- Loss of amenities in life - Rs. 30,000/- Loss of earning power due to permanent disability - Rs. 90,000/- 10. The claimant was a Medical Representative earning more than Rs.10,000/- per month, according to him. The Tribunal took his monthly as Rs. 10,000/- and took the percentage of disability as 5% as MACA.NO.448/05 & Cross Objection 51/05 4 stated in Ext.A5 disability certificate and adopted a multiplier of 15 as he was aged 45 at the time of the accident and awarded Rs. 90,000/- for the permanent disability caused which appears to be reasonable. 11. Counsel for the appellant/Insurance Company argued that the monthly income of the claimant taken by the Tribunal is on a higher side and that therefore it should have been reduced. There is no merit in the above contention. Ext.A7, copy of his income tax return shows that he was having an annual income of Rs. 2,37,507/- . Therefore, the Tribunal is perfectly justified in fixing his monthly income as Rs. 10,000/- . It follows that the compensation awarded by the Tribunal is not excessive and is just and reasonable. That being so, the appeal and the cross objection has to be dismissed. In the result, the appeal and the cross objection are dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.NO.448/05 & Cross Objection 51/05 5 MACA.NO.448/05 & Cross Objection 51/05 6