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 24TH JANUARY 2011 / 4TH MAGHA 1932 MACA.No. 616 of 2005(B) ------------------------------------ [O.P(MV).NO.222/2001 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, MUVATTUPUZHA] .................... APPELLANT/CLAIMANT: ----------------------------------- T.P.ALIYAR, S/O. PAREETH, VALIYAPARAMBIL HOUSE, PEZHACKAPPILLY, MUVATTUPUZHA. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM). RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. SHAJU, S/O. K.M.SYDU, KOLAYAMTHANIKUZHI HOUSE, NELLIKKUZHY, KOTHAMANGALAM. 2. BASHEER, S/O. MYTHEEN, KARIKIZHY HOUSE, MULAVOOR, MUVATTUPUZHA. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., MUVATTUPUZHA. R3 BY SRI P. MURALEEDHARAN. THIS MOTOR ACCIDENTS CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 616 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 24th day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.222 of 2001 on the file of the Motor Accidents Claims Tribunal, Muvattupuzha. In this appeal he challenges the judgment and award of the Tribunal dated November 30, 2004 awarding a compensation of Rs.2,04,500/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The claimant sustained the following injuries in the accident:- “1) Abrasion left side of face, upper part of nose,right forearm, both hands, knees and left shoulder. 2) Lacerated wound above and behind the left ear. 3) Abrasion behind the neck. 4) Not able to move left shoulder. 5) Weakness left upper limp. MACA 2 6) Contusion of brachial plexus left.” 3. The accident occurred on August 17, 2000 at about 10.30 p.m. at Pazhekkappilly. While the claimant was walking along Muvattupuzha – Perumbavoor road, he was knocked down by a tempo van bearing registration No.KL-7/C-2421, driven by the second respondent and he sustained serious injuries. Alleging negligence against the second respondent, driver of the offending tempo van, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.3,50,000/-. 4. The first respondent owner of the offending tempo van filed a written statement admitting the accident, but denied the liability. The second respondent driver of the offending tempo van filed a written statement denying the allegation regarding the negligence. The third respondent insurer of the offending vehicle filed a written statement admitting the policy and contended that the second respondent was not having licence to drive such vehicle and that therefore there was violation of policy condition. MACA 3 5. PW1 was examined and Exts.A1 to A17 were marked on the side of the claimant. Ext.B1 was marked on the side of the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the second respondent driver of the offending tempo van and awarded a compensation of Rs. 2,04,500/-. The Tribunal also awarded interest @ 9% p.a. on the sum of Rs.75,500/- from the date of petition to the date of award and further interest @ 9% per annum on the entire compensation from the date of award till realization. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 6. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. 7. 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 driver of the offending tempo van is not seriously challenged in this appeal. Therefore, the only question, which arises for consideration, MACA 4 is whether the claimant is entitled to any enhanced compensation. 8. The Tribunal awarded a total compensation of Rs.2,04,500/-. Break up of the compensation awarded is as under:- Loss of earning : Rs. 4,500 Transportation : Rs. 1,500 Damage to clothing : Rs. 500 Extra nourishment : Rs. 1,000 Expenses for treatment : Rs. 50,000 Bystander's expenses : Rs. 3,000 Pain and suffering : Rs. 10,000 Disability : Rs.1,29,000 Loss of amenities : Rs. 5,000 and enjoyment in life. ------------------ Total : Rs.2,04,500 ======= 9. The learned counsel for the appellant/claimant sought enhancement of compensation for the disability caused, loss of amenities and enjoyment in life and on other heads. 10. The Tribunal took the monthly income of the claimant as Rs.1,500/-, adopted multiplier of 15, as he was aged 40 at the time of the accident, took the percentage of MACA 5 disability as 48%, as certified by the doctor in Ext.A13 and awarded a compensation of Rs.1,29,000/- for disability caused. The claimant claimed to be a self employed person. Taking into consideration the above aspect, we feel that his monthly income can reasonably be fixed at Rs.3,000/- per month. The Tribunal adopted multiplier of 15. As the claimant was aged 40 at the time of the accident, a multiplier of 16 would be reasonable in this case. Percentage of disability as 48% assessed by the doctor in Ext.A13 also appears to be reasonable, considering the nature of the injuries sustained by the claimant and the disabilities caused to him as evidenced by Ext.A13 certificate issued by the doctor. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.2,76,480/- (Rs.3,000/- x 12 x 48%). Thus the claimant is entitled to an additional compensation of Rs.1,47,480/- on this count. 11. The Tribunal awarded a compensation of Rs.5,000/- for loss of amenities and enjoyment in life, which appears to be very low. Taking into consideration the nature of the MACA 6 injuries sustained by the claimant, we feel that a compensation of Rs.20,000/- would be reasonable on this count. 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 compensation of Rs. 1,62,480/-. He is entitled to interest @ 7.5% per annum from the date of petition till realization. The third respondent being the insurer of the offending vehicle shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. 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. mn