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 28TH JUNE 2010 / 7TH ASHADHA 1932 MACA.No. 241 of 2007() ---------------------- OPMV.1802/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER ----------------------------------- MR. JOSHY ANTONY, S/O. ANTONY, KAITHATHARA, WARD NO.4, CHAMPAKULAM PANCHAYATH, THEKKEKARA P.O., MANCOMB, ALAPPUZHA DISTRICT. BY ADV. SRI.P.VIJAYARAGHAVAN RESPONDENT(S): RESPONDENTS --------------------------- 1. MR. BIJU, PUTHUSSERIL VEEDU, EROOR P.O., THRIPUNITHURA, ERNAKULAM DISTRICT. ( DELETED) 2. MR. ANTONY YOOJIN, S/O. STANLEY, KALARICKAL HOUSE, COCHIN CORPORATION DIVISION 48, ERNAKULAM. 3. THE NATIONAL INSURANCE CO. LTD., TRIPUNITHURA DIVISION, TRIPUNITHURA, ERNAKULAM, REP. BY ITS DIVISIONAL MANAGER. R1 DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DATED 17/2/2010 ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.241 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of June, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.1802/2000 of Motor Accidents Claims Tribunal, Alappuzha challenges the judgment and award of the Tribunal dated February 16, 2006 awarding a compensation of Rs. 2,48,900/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these : The claimant was aged 28 at the time of the accident and was drawing a salary of Rs. 4,621/- as an Accountant in Carmel Polytechnic, Punnapra. On June 21, 1999 he was riding the scooter bearing Reg.No.KL-4-E-2652 along the southern side of Alappuzha- Changanachery road. When he reached on the east of Gurumandiram junction, Ponga at 9.45 a.m., a motor cycle bearing Reg.No.KL-7-F 8964 came at a high speed from the opposite side and dashed against MACA.No.241/2007 2 his motor cycle. The claimant sustained serious injuries. According to the claimant, accident occurred due to the rash and negligent riding of the offending motor cycle by second respondent. First respondent as the owner, second respondent as the rider and third respondent as the insurer of the offending motor cycle are jointly and severally liable to pay compensation to the claimant. Claimant claimed a compensation of Rs. 6,52,000/-. 3. First respondent, the owner of the offending motor cycle remained absent before the Tribunal. The second respondent, the rider of the offending motor cycle filed a written statement admitting the accident, but denying the liability. The third respondent the insurer of the offending motor cycle filed a written statement admitting the policy. 4. Exts.A1 to A19 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent riding of the offending motor cycle by second respondent and awarded a MACA.No.241/2007 3 compensation of Rs.2,48,900/- 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 entitled to any enhanced compensation. 7. The claimant sustained the following injuries as revealed from Ext.A5, the discharge card issued from Medical College Hospital, Alappuzha, Ext.A7 case summary issued from Specialist Hospital, Ernakulam and Ext.A8, treatment certificate issued from the said hospital. Fracture of supra condylar inter condylar left femur and also nasal bone fracture. Ext.A10 scanning report indicated fractures involving the nasal MACA.No.241/2007 4 bones, nasal septum with blood in the ethmoid sinuses and nose. Undisplaced fracture also seen involving the posterior lateral wall of left orbit left zygomatic process. Ext.A11 certificate of disability shows that he has a permanent partial disability of 42% ( 32% for left knee and 8% for left hip). 8. The Tribunal awarded a total compensation of Rs.2,48,900/-. The break up of the compensation awarded is as under : Disability - Rs. 86,400/- Loss of earning - Rs. 24,000/- Treatment expenses - Rs. 75,000/- Transportation charges - Rs. 10,000/- Bystander expenses - Rs. 5,000/- Extra nourishment - Rs. 3,000/- Damage to clothing - Rs. 500/- Pain and suffering - Rs. 20,000/- Loss of amenities - Rs. 25,000/- 9. Counsel for the claimant sought enhancement of compensation for the disability caused. 10. The Tribunal took the monthly income of the claimant as Rs. 2,000/-, took the percentage of disability as 20% , adopted a multiplier of 16 and awarded Rs. 86,400/- for the permanent disability caused. According to the claimant, he was working as an Accountant MACA.No.241/2007 5 in Carmel Poly Technic, Punnapra and earning Rs. 4,621/- as salary. He produced Ext.A18 certificate issued from the Poly Technic. Taking into consideration this aspect, we feel that his monthly income can be reasonably estimated at Rs.3,000/-. The multiplier adopted by the Tribunal as 16 and percentage of disability as 20% appears to be reasonable. Therefore, for the disability caused, claimant is entitled to a compensation of Rs. 1,15,200/- ( 20% x 3000 x 12 x 16). Thus on this count, the claimant is entitled to an additional compensation of Rs. 28,800/-. 11. There is another aspect in this case. The Tribunal awarded Rs. 24,000/- for loss of earning for one year. We have fixed the monthly income of the claimant as Rs. 3,000/-. Therefore, towards loss of earning, claimant is entitled to a compensation of Rs. 36,000/-. Thus on this count, the claimant is entitled to an additional compensation of Rs. 12,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 12. The Tribunal awarded interest only @ 6% per annum which MACA.No.241/2007 6 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 entitled to an additional compensation of Rs. 40,800/-. 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. He is also entitled to 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.241/2007 7 MACA.No.241/2007 8