IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 MACA.No. 1312 of 2007() ------------------------------------- OPMV.1246/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): /PETITIONER: --------------------------------------------- K.P. RUGMINI BAI, W/O.M.GOVINDANKUTTY, RESIDING AT "SREE DEVI", VANDANA LAYOUT, PUTHUR, PALAKKAD DISTRICT. BY ADVS. SRI.SAJEEV KUMAR K.GOPAL SRI.BINOY VASUDEVAN RESPONDENT(S): RESPONDENTS IN OP(MV): ------------------------------------------------------------------- 1. K.K. KUTTAN, S/O. KRISHNAN GURUKKAL, KUNISSERY, ALATHUR TALUK, PALAKKAD DISTRICT. 2. A. MANIKANDAN, S/O. ARUMUGHAN MUDALIAR, KOLAIPADAM, KUNISSERY, ALATHUR TALUK,PALAKKAD DIST 3. THE ORIENTAL INSURANCE CO. LTD., SHOBHA T.S.M. COMPLEX, RAILWAY STATION ROAD, PALAKKAD. 3 BY ADV. SRI.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1312 OF 2007 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 16th day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.1246/2000 on the file of the Motor Accidents Claims Tribunal, Palakkad. In this appeal she challenges the judgment and award of the Tribunal dated October 28, 2006 awarding a compensation of Rs.23,250/- for the loss caused to her on account of the injuries sustained by her in a motor accident. 2. The accident happened on March 20, 2000 at 5.30 p.m. While the claimant was pillion riding on a scooter bearing registration No.KL.9A.9089, ridden by her husband, from Puthur to Fortmaidan side, they were knocked down by a tempo trax bearing registration No.KL.10.B.6730, driven by the second respondent. She sustained serious injuries. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of MACA 1312/2007 2 Rs.1,69,500/-. 3. Respondents 1 and 2, the owner and the driver of the offending tempo trax, filed a joint written statement admitting the accident, but attributed negligence to the rider of the scooter. The third respondent, the insurer of the offending vehicle, filed a written statement admitting the policy of the vehicle. Exts.A1 to A12 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 of the second respondent and awarded a compensation of Rs.23,250/- with interest @ 6% p.a. from the date of petition till realization and proportionate cost. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the claimant and the counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence MACA 1312/2007 3 of the second 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. 6. The claimant sustained the following injuries in the accident:- “1) Irregular transverse lacerated wound over fore-head involving centre 7 x 2 x 1cm. 2) Lacerated wound upper part of bridge of nose 3 x 1 x ½ cm. 3) Lacerated wound below nose 3 x 1 x ½ cm. 4) Lacerated wound left side of upper lip 3 x 1 x ½ cm. 5) Deep lacerated wound upper part of left knee 12 x 4 x 2 cm. 6) Multiple minor contused abrasions over both hands, chin, right knee, upper two incisors left side loosened with fresh bleeding. 7) Fracture of lower radial (L), extra articular fracture (L) and medial tibial condyle.” 7. The Tribunal awarded a total compensation of Rs.23,250/-. Break up of the compensation awarded is as MACA 1312/2007 4 under:- Transportation expenses : Rs. 300 Damage to clothing : Rs. 500 Bystander's expenses : Rs. 700 Extra nourishment : Rs. 350 Treatment expenses : Rs. 8,400 Enjoyment in life. Pain and suffering : Rs. 8,000 Difficulties, discomfort and : Rs. 5,000 other inconvenience caused. ------------------ Total : Rs.23,250 ======= 8. The counsel for the claimant sought enhancement of compensation for loss of amenities and enjoyment in life and for pain and suffering endured by the claimant. He has pointed out that no compensation was awarded for the disability caused. 9. The Tribunal did not award any compensation for the disability caused observing that the claimant did not sustain any fracture, which appears to be not correct. We have called for lower court records and perused Ext.A8 discharge certificate. It shows that the claimant has suffered fracture of lower radial (L), extra articular fracture MACA 1312/2007 5 (L) and medial tibial condyle, which must have caused some disability to her. Therefore, we are of the view that she is entitled to compensation for the disability caused. 10. According to the claimant, she was a tailor earning Rs.2,000/- per month. Therefore, we feel that her monthly income can reasonably be fixed at Rs.2,000/-. She was aged 44 at the time of the accident. Therefore, proper multiplier in this case is 15. Taking into consideration the nature of the injuries caused to her and disability suffered by her, we feel that the percentage of disability can reasonably by fixed at 8%. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.28,800/- (Rs.2,000/- x 12 x 15 x 8%). 11.The Tribunal awarded Rs.8,000/- for pain and suffering endured by the claimant and Rs.5,000/- for loss of amenities and enjoyment in life. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.10,000/- for pain and suffering and another Rs.10,000/- for loss of amenities and enjoyment MACA 1312/2007 6 in life would be reasonable. 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.35,800/-. The claimant is entitled to interest @ 7.5% per annum instead of 6% per annum awarded by the Tribunal for the entire compensation awarded and for the enhanced compensation. 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