IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 MACA.No. 409 of 2004() ---------------------- OPMV.628/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP.M.V. --------------------------------------------- BABU, S/O.RAPPAI, PERUMPULLY HOUSE, KARUVANNUR P.O. MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPODENT IN O.P.M.V. ------------------------------------ 1. S.K.SUBRAN, S/O.KOCHUNNI, SANKARATHU HOUSE, KANIMANGALAM, THRISSUR. 2. P.V.SIVAN, S/O.VELAYUDHAN, PORAMBAN HOUSE, HERBERT COLONY, KOORKANCHERRY, THRISSUR - 7. 3. THE ORIENTAL INSURANCE COMPANY, MANAPPAT BUILDINGS, NORTH NADA, KODUNGALLUR. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 409 of 2004 ------------------------------------------------------ Dated: JULY 16, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in OP(MV) 628/1997 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. He sustained the following injuries in a motor accident which occurred on December 5, 1996 at about 10 p.m. at Koorkancherry in Thrissur. He sustained the following injuries: “1. Comminuted fracture both bones right leg. 2. Grade II compound fracture of tibia. 3. Lacerated wound over the promixal 3rd of right leg.” While he was driving his Maruthi car bearing registration No.KL-7/M 3800 along Ininjalakuda - Thrissur public road and when he reached in front of Panchayath office at Koorkancherry, it collided head on with another car bearing registration No.KLQ 5054 driven by the 2nd respondent. He filed the OP under sec.163A of the Motor Vehicles Act claiming a compensation of Rs.One lakh against respondents 1 to 3, the owner, driver and insurer of the other car. 2. Respondents 1 and 2 remained ex parte before the Tribunal. The 3rd respondent, insurer of the offending vehicle, filed a written MACA 409/2004 2 statement admitting the policy. 3. PW.1 was examined and Exts.A1 to A14 were marked on the side of the claimant before the Tribunal. On the side of the contesting 3rd respondent, Ext.B1 was marked. On an appreciation of evidence the Tribunal awarded a compensation of Rs.63,920/- with interest @ 9% per annum from the date of petition till realisation. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the appellant/claimant and the counsel for the Insurance Company. 5. As the claimant has claimed compensation under sec.163A of the Motor Vehicles Act, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 6. The Tribunal awarded Rs.25,920/- for the disability caused, Rs.18,000/- for the loss of earning power, Rs.15000/- for medical expenses and Rs.5000/- for pain and suffering endured as provided under the Second Schedule of the Act. 7. The Counsel for the appellant/claimant sought enhancement of the compensation awarded for the disability caused. The Tribunal took the monthly income of the claimant as Rs.1500/-, took the MACA 409/2004 3 percentage of disability as 8%, adopted a multiplier of 18 and awarded Rs.25920/- as compensation for the disability caused. According to the claimant he was a proprietor of a firm earning Rs.5000/- per month. Ext.A14 is the certificate of employment. Taking into consideration the above aspect, we feel that his monthly income can be reasonably fixed at Rs.2000/-. Ext.A10 certificate of disability issued by PW.1 doctor shows that the claimant has suffered a permanent disability of 15%. Taking into consideration the nature of disability suffered by the claimant, which is extracted in the award of the Tribunal, we feel that his percentage of disability can be fixed at 10%. The multiplier adopted as 18 is the correct multiplier. Thus calculated, for the disability caused the claimant is entitled to a compensation of Rs.43,200/-. Thus, on this count he is entitled to an additional compensation of Rs.17,280/-. 8. There is another aspect in this case. The Tribunal awarded a compensation of Rs.18,000/- for loss of earning power for one year at the rate of Rs.1500/- per month. Now we have fixed his monthly income as Rs.2000/-. Therefore towards loss of earnings, the claimant is entitled to a compensation of Rs.24,000/-. Thus, on this count he is entitled to an additional compensation of Rs.6000/-. As regards the compensation awarded under other heads, we find the MACA 409/2004 4 same to be reasonable and therefore we are not disturbing the same. 9. Thus the claimant is entitled to an additional compensation of Rs.23,280/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. The 3rd 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 mt/-