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 10TH FEBRUARY 2011 / 21ST MAGHA 1932 MACA.No. 2046 of 2005() ------------------------------------ OP(MV)NO .1350/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/IST PETITIONER. -------------------------------------------------------------------- VINITHA S.NAIR, D/O.SIVARAMAN NAIR, RESIDING AT AISWARYA NIVAS, CHAMUNDESWARI TEMPLE, GURUVAYOOR.(THE APPALLANT HAS TURNED MAJOR AT THE TIME OF APPEALS, HENCE, GUARDIAN IS NOT MADE A PARTY). BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE BY ADVS. SRI.T.C.SURESH MENON SRI.SREEKANTH.K.R SRI.JIBU P. THOMAS RESPONDENT(S): RESPONDENTS. --------------------------------------------------- 1. M.S.REJITH, RESIDING AT MOOTHEDATH PARAMBIL HOUSE, PUTHENPALLY, MAMMIYOOR, GURUVAYOOR. 2. THE UNITED INDIA INSURACE COMPANY LTD, BRANCH OFFICE, NORTH WING, EAST NADA, GURUVAYOOR, THRISSUR. R2 BY ADV. SRI.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 2046 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 10th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.1350 of 2000 on the file of the Motor Accidents Claims Tribunal, Thrissur. In this appeal she challenges the judgment and award of the Tribunal dated October 1, 2004 awarding a compensation of Rs.91,000/- for the loss caused to her on account of the injuries sustained by her in a motor accident. At the time of the accident the claimant was a minor and in the claim petition she was represented by her father. 2. The accident happened on February 27, 2000 at about 4.15 p.m. While the claimant was cycling from south to north along outer ring road Guruvayoor, she was knocked down by a scooter bearing registration No.KL-8/E 3496, ridden by the 1st respondent. He sustained serious injuries. Alleging negligence against the 1st respondent, the claimant filed the O.P. before the Tribunal under section MACA 2046/2005 2 166 of the Motor Vehicles Act claiming a compensation of Rs.2,50,000/- 3. The 1st respondent, the owner-cum-rider of the offending scooter, remained absent before the Tribunal. The 2nd respondent, the insurer of the offending scooter, filed a written statement admitting the policy. 4. The claimant was examined as PW1 and Exts.A1 to A17 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence on the part of the 1st respondent and awarded a compensation of Rs.91,000/- with interest @ 6% p.a. from the date of petition till realization and cost of Rs.2,400/-. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence MACA 2046/2005 3 on the part of the 1st respondent is not seriously challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 7. The learned counsel for the appellant/claimant sought enhancement of compensation for the disability caused and on other heads. 8. The claimant sustained the fracture roof right orbit with fracture right frontal bone with bony spicule compressing right optic nerve and ante subdural collection right frontal with no mass effect. 9. The Tribunal awarded a total compensation of Rs.91,000/-. Break up of the compensation awarded is as under:- Treatment expenses including : Rs. 21,000 allied expenses like transport to hospital and bystander's expenses. Pain and suffering : Rs. 8,000 Loss of amenities : Rs. 7,000 Permanent partial disability : Rs. 45,000 Disfiguration : Rs. 10,000 ------------------ MACA 2046/2005 4 Total : Rs.91,000 ======= 10. The Tribunal took the annual income of the claimant as Rs.15,000/-, took the percentage of disability as 20%, adopted multiplier of 15 and awarded a compensation of Rs.45,000/- towards disability caused. As the claimant was a minor aged 13 at the time of the accident, the Tribunal is perfectly justified in accepting her income as Rs.15,000/- per annum. The multiplier adopted as 15 is not seriously challenged in this appeal. The Tribunal took the permanent disability as 20%. In Ext.A15 disability certificate issued by Dr.Mahadevan, Professor of Department of Neurosurgery, Medical College Hospital, Thrissur it is certified that she has suffered a permanent disability of 27%. In Ext.A16 certificate issued by Dr.Subramanian Iyer, Amala Cancer Hospital it is certified that she has suffered 25% permanent disability. In the facts and circumstances of the case and having regard to the disabilities caused to the claimant, we feel that the MACA 2046/2005 5 disability caused to the claimant can reasonably be assessed as 25%. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.56,250/-. Thus the claimant is entitled to an additional compensation of Rs.11,250/- on this count. 11. The Tribunal awarded interest @ 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 realization for the compensation already awarded and also for the enhanced compensation. 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.11,250/-. She is entitled to interest @7.5% per annum from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. She is also entitled to proportionate cost. The 2nd respondent Insurance Company MACA 2046/2005 6 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