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 23RD JUNE 2011 / 2ND ASHADHA 1933 MACA.No. 469 of 2007() ---------------------- OPMV.346/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/CLAIMANT/PETITIONER -------------------------------- A.C.POULOSE, S/O.CHACKO, AGED 48 YEARS, ANTHIKADAN, PUDURKARA, AYYANTHOLE P.O., THRISSUR DIST. BY ADV. SRI.M.H.HANIL KUMAR SRI.K.C.VISWAMBHARAN RESPONDENTS/RESPONDENTS --------------- 1. LONGHANATHAN, S/O.RANGASWAMY, PELHANPARTHAI, VELLUR P.O., TRICHANGODE, TAMILNADU, (OWNER OF LORRY NO.TAN 9727)(DELETED) 2. UDAYAKUMAR, S/O.BANGARA HOUSE, NO. 20/12/A, METTUR P.O., DESOM, PONNAGER STREET, SELAM DISTRICT, TAMILNADU, (DRIVER OF LORRY NO.TAN 9727) ( DELETED) 3. M/S.ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE NORTH COV STREET, TRICHANGODE-637 211, (POLICY NO.31/94/002), (CERTIFICATE NO.44 501/101/10499) (LORRY NO. TAN 9727). RESPONDENTS 1 AND 2 DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER/APPELLANT VIDE ORDER DATED 14/6/2011 ON I.A.NO.1523/2011 ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. ---------------------------------------------------- M.A.C.A. No. 469 OF 2007 ----------------------------------------------------- Dated this the 23rd day of June,2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.346/1995 on the file of Motor Accidents Claims Tribunal, Irinjalakuda. In this appeal, he challenges the judgment and award of the Tribunal dated November 7, 2006 awarding a compensation of Rs.1,50,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on March 1, 1994 at about 6.45 a.m. While the claimant was trying to get into the lorry bearing Reg.No.KLH 2556 which was parked on the side of the road, he was knocked down by another lorry bearing Reg.No.TAN 9727 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 claiming a compensation of Rs. 3,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the MACA.No.469/2007 2 offending lorry remained absent before the Tribunal. The third respondent, the insurer of the offending lorry filed a written statement admitting the policy. 4. PWs 1 to 3 were examined and Exts.A1 to A13 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 lorry by second respondent and awarded a compensation of Rs. 1,50,000/- with interest @ 6% 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 second respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is MACA.No.469/2007 3 entitled to any enhanced compensation. 7. The claimant sustained the following injuries in the accident : Periorbital oedema right eye, bleeding nose and left ear, multiple brain contusion and depressed fracture frontal bone and right parietal bone. 8. The Tribunal awarded a total compensation of Rs.1,50,000/-. The break up of the compensation awarded is as under : Extra nourishment & wages to attendants -Rs.3,100/- Medical expenses -Rs.13,900/- Transportation Rs. 300/- Loss of earnings -Rs. 4,500/- Pain and suffering - Rs. 7,000/- Loss of amenities - Rs. 6,000/- Disability - Rs. 1,15,200/- 9. 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. 10. The Tribunal took the monthly income of the claimant as Rs.1,500/- and took the percentage of disability as 40% and adopted a multiplier of 16 as the claimant was aged 35 and awarded Rs. 1,15,200/- for the disability caused. According to the claimant, he MACA.No.469/2007 4 was a lorry driver earning Rs. 3,600/- per month. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 2,500/-. The multiplier taken by the Tribunal as 16 is not seriously challenged. As regards the disability caused, the Tribunal took the disability caused to the claimant as 40%. Ext.A12 disability certificate issued by the Neurologist shows that he has a disability of 18%. PW3 the doctor has issued another disability certificate, Ext.A13, wherein it is stated that the claimant has a permanent disability of 40%. The claimant has lost the vision of his left eye. Further, he sustained depressed fracture of frontal bone and right parietal bone. Therefore, we feel that the percentage of disability taken by the Tribunal as 40% is reasonable. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 1,92,000/- ( 40% x 2500 x 12 x 16). Thus on this count, the claimant is entitled to an additional compensation of Rs.76,800/-. 11. The Tribunal awarded Rs.6,000/- for loss of amenities and enjoyment in life and Rs.7,000/- for pain and suffering endured. Taking into consideration the nature of the injuries sustained by the MACA.No.469/2007 5 claimant, we feel that a compensation of Rs. 15,000/- for loss of amenities and enjoyment in life and another Rs.15,000/- for pain and suffering endured would be reasonable. 12. The Tribunal awarded Rs. 4,500/- towards loss of earnings for 3 months @ Rs. 1,500/- per month. As we have fixed the monthly income of the deceased as Rs. 2,500/-, he is entitled to a compensation of Rs. 7,500/- 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 are not disturbing the same. 13. 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. 14. In the result, the claimant is found entitled to an additional compensation of Rs.96,800/-. 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 MACA.No.469/2007 6 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.469/2007 7 MACA.No.469/2007 8