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 27TH MAY 2010 / 6TH JYAISHTA 1932 MACA.No. 531 of 2006() ---------------------- OPMV.95/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER ---------------------------------- MOOKONIL VINAY BHASKARAN, S/O.P.BHASKARANKUTTY, SRINIVAS, PUDHURKARA, AYYANTHOLE, THRISSUR-3. BY ADV. SRI.NAGARAJ NARAYANAN SRI.NAIR AJAY KRISHNAN SRI.SAIJO HASSAN SRI.SABU SREEDHARAN RESPONDENT(S): RESPONDENTS --------------- 1. K.SREEKUMAR, S/O.BHASKARAN, KUNNAMBATH HOUSE, PULLAZHI, OLARIKKARA. 2. ROSHAN, S/O.THARAKAN KURIYAN, PULLAZHI, OLARIKKARA. 3. UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE, PRESIDENT BAZAR, KURUPPAM ROAD, THRISSUR-1. 4. K.I.JERRY, S/O.ITTY MATHEW, KALAPRAN HOUSE, P.O.VILVATTOM, THRISSUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.531 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.531/2006 of Motor Accidents Claims Tribunal, Thrissur challenges the judgment and award of the Tribunal dated April 11, 2005 awarding a compensation of Rs. 1,16,000/- for the loss caused to him on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal in brief are these : The claimant was a boy aged 14 and was studying in 7th standard at the time of the accident. On May 19, 1998 at about 8 p.m., he was pillion riding on the motor cycle bearing Reg.No.KL 8 A/ 6738 ridden by the second respondent along Olari-Puthurkara public road. When he reached in front of Union office Puthurkara, the motor cycle knocked down a pedestrian and hit against an electric post as a result of which the claimant was thrown on the road and sustained serious injuries. According to the claimant, accident occurred due to the rash MACA.No.531/06 2 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. 4,30,000/-. 3. Respondents 1 and 2, the owner and rider of the offending vehicle remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending motor cycle filed a written statement admitting the policy. 4. Pws 1 to 3 were examined and Exts.A1 to A12 were marked on the side of the claimant before the Tribunal. On the side of the contesting third respondent, Exts.B1 and B2 were marked. 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 compensation of Rs. 1,16,000/- with interest @ 6% per annum from the date of petition till realisation and cost of Rs. 4,000/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA.No.531/06 3 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.A6, the copy of the wound certificate issued from the hospital and Ext.A8 series discharge summaries issued from Aswini Hospital, Thrissur. 1. Depressed fracture on the right occipital area. 2. Fracture on the right leg. 3. Fracture on the right arm. 4. Lacerated wounds on arms and legs. 8. He was in the hospital from 19/05/1998 to 6/6/1998, 6/7/1998 to 8/7/1998 and from 22/09/98 to 25/09/1998. Claimant as PW1 testified that now he has headache and that he is unable to raise the right hand fully and there is shortening of right leg. Ext.A9, the MACA.No.531/06 4 certificate of disability shows that he has now 10% permanent disability. The doctor who issued Ext.A9 was examined as PW2. 9. The Tribunal awarded a total compensation of Rs.1,16,000/-. The break up of the compensation awarded is as under : Medical and allied expenses - Rs. 49,000/- Pain and suffering - Rs. 12,000/- Loss of amenities of life - Rs. 10,000/- Disability - Rs. 45,000/- 10. Counsel for the claimant sought enhancement of compensation for the disability caused, pain and suffering endured and loss of amenities and enjoyment of life. He further pointed out that no compensation was awarded for future treatment expenses. 11. The Tribunal took the income of the claimant as Rs. 15,000/- per annum and took the disability as 20% as stated in Ext.A10 and adopted a multiplier of 15 and awarded Rs. 45,000/- for the disability caused. Taking into consideration the fact that the claimant was only a student, we feel that the compensation awarded for the disability caused is reasonable. 12. The Tribunal awarded Rs. 12,000/- for pain and suffering MACA.No.531/06 5 endured which appears to be very low. Having regard to the nature of the injury sustained, we feel that a compensation of Rs. 25,000/- would be reasonable on this count. Thus on this count, the claimant is entitled to an additional compensation of Rs. 13,000/-. 13. Rs. 10,000/- was awarded by the Tribunal for loss of amenities and enjoyment of life. Taking into consideration the nature of the injury sustained and the fact that there is no skull on the portion of the head where the claimant sustained injuries, we feel that a compensation of Rs. 20,000/- would be reasonable for the loss of amenities and enjoyment of life. Thus on this count, the claimant is entitled to an additional compensation of Rs. 10,000/-. 14. No compensation was awarded by the Tribunal for the future treatment expenses. The claimant as PW1 testified that to replace the bone on the skull it will cost Rs. 50,000/-. PW1 also testified that he is under medication. Therefore, we feel that a compensation of Rs. 15,000/- would be reasonable for future treatment expenses. 15. The Tribunal awarded interest @ 6% per annum which appears to be very low. We feel that interest at the rate of 7.5% per MACA.No.531/06 6 annum would be reasonable. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded as well as for the enhanced compensation. 16. In the result, the claimant is entitled to an additional compensation of Rs. 38,000/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation for the enhanced compensation as well as for the compensation already awarded. 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.531/06 7