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. 2004 of 2006() ----------------------- OPMV.3536/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- SUNDARAN, S/O.ALAGIRI, PUDUKOTTU HOUSE, KUNNATH VAZHI, AYYANTHOLE P.O., THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENTS: RESPONDENTS: --------------------------- 1. NOUSHAD, S/O.SAIDU, EDAVANAKKAD HOUSE, KOTTAPURAM, METHALA, THRISSUR DISTRICT. 2. NATIONAL INSURANCE CO.LTD., P.B.NO.25, MUNICIPAL SHOPPING COMPLEX, MAIN ROAD, NORTH PARAVUR, ERNAKULAM DISTRICT. 3. MARY, W/O.LATE CAPT.FRANCIS, CHEEYADAN HOUSE, HAPPY NIVAS, KACHERIPADY, NORTH PARAVUR, ERNAKULAM DISTRICT. 4. THOMAS, S/O.LATE CAPT. FRANCIS, CHEEYADAN HOUSE, HAPPY NIVAS, KACHERIPADY, NORTH PARUR, ERNAKULAM. ADV. SRI.JOE KALLIATH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2004 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.3536/2000 on the file of Motor Accidents Claims Tribunal, Thrissur. In this appeal, he challenges the judgment and award of the Tribunal dated December 28, 2005 awarding a compensation of Rs.1,67,500/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident that occurred on May 10,2000 at about 1.15 p.m. : Degloving crush injury on right leg with loss of muscles, Type III B compound grossly comminuted fracture with segmental loss of tibia right, extensive soft tissue injury lower ½ of right leg, comminuted fracture of lateral malleolus. 2. The accident happened while the claimant was walking along Thrissur-Veliyannur public road, he was knocked down by the car bearing Reg.No.KLF/2110 driven by the second respondent. MACA.No.2004/2006 2 Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 1,50,000/-. 3. First respondent in the O.P., the owner of the offending car died during the pendency of the O.P. and his legal representatives were impleaded as additional respondents 4 and 5 in the O.P./respondents 3 and 4 in the appeal. They did not file any written statement before the Tribunal. The second respondent, the driver of the offending car remained absent before the Tribunal. The third respondent , the insurer of the offending car filed a written statement admitting the policy. 4. Pws 1 and 2 were examined and Exts.A1 to A10 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending car by second respondent and awarded a compensation of Rs. 1,67,500/- with interest @ 7% per annum from the date of petition till realisation. The claimant has now come up in appeal challenging the quantum of compensation awarded MACA.No.2004/2006 3 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 Tribunal awarded a total compensation of Rs.1,67,500/-. The break up of the compensation amount awarded is as under: Loss of earning - Rs. 20,000/- Transportation - Rs. 1,000/- Extra nourishment - Rs. 1,500/- Damage to clothing - Rs. 500/- Treatment expenses - Rs. 41,500/- Bystander exp. - Rs. 5,000/- Future treatment - Rs. 5,000/- Pain and suffering - Rs. 15,000/- Disability - Rs. 78,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused and for loss of amenities and MACA.No.2004/2006 4 enjoyment of life. 9. The Tribunal took the monthly income of the claimant as Rs.2,000/- per month and took the percentage of disability as 25% as certified by the doctor- PW2 in Ext.A8 certificate and adopted a multiplier of 13 and awarded a compensation of Rs.78,000/- for the disability caused. The claimant claimed to be a lottery ticket seller earning Rs.4,500/- per month. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 2,500/-. The percentage of disability as 25% and the multiplier as 13 taken by the Tribunal are not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 97,500/- ( 25% x 2500 x 12 x 13). Thus on this count, the claimant is entitled to an additional compensation of Rs.19,500/-. 10. No compensation was seen awarded for the loss of amenities and enjoyment in life. Taking into consideration the nature of the injury sustained by him, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. MACA.No.2004/2006 5 11. The Tribunal awarded Rs.5,000/- for future treatment expenses. The claimant as PW1 testified before the Tribunal that his wound has not so far healed and he requires future treatment. Therefore, we feel that a compensation of Rs. 15,000/- 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. 49,500/-. He is entitled to interest @ 7% per annum from the date of petition till realisation and proportionate cost. The third respondent in the O.P./second respondent in the appeal 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.2004/2006 6 MACA.No.2004/2006 7