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 5TH MARCH 2010 / 14TH PHALGUNA 1931 MACA.No. 2109 of 2005() ----------------------- OPMV.413/1997 of ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER ---------------------------------- HARIHARAN, AGED 43 YEARS, S/O.K.R.VENKITESWARAN, SUBRAMANIAN MADAM, PARLI VILLAGE, PARLI, PALAKKAD. BY ADV. SRI.K.P.BALAGOPAL RESPONDENT(S): RESPONDENTS --------------- 1. ABDUL HAKEEM, AGED 28 YEARS, S/O.VELLAKUTTY, KUNNATHUPARAMBU, PERINGOTTUKURSI, PALAKKAD. 2. K.R.KUMARAN, AGED NOT KNOWN, S/O.K.K.RAMAN, KUMARI NIVAS, PARITHIPULLY P.O., PALAKKAD. 3. UNITED INDIA INSURANCE CO LTD., G.B.ROAD, PALAKKAD-678001. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2109 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.413/1997of Motor Accidents Claims Tribunal (Additional), Palakkad challenges the judgment and award of the Tribunal dated August 16, 2005 awarding a compensation of Rs. 31,014/- 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 : On August 16, 1996 at about 5 p.m., the claimant was pillion riding on the motor cycle bearing Reg.No.KCE-2625 along Chakkanthara-Parli road. When he reached near Anikkode Althara, a jeep bearing Reg.No.KL 9A/7282 came at a high speed from the opposite side and hit against the motor cycle of the claimant. Claimant sustained serious injuries .According to the claimant, accident occurred due to the rash and negligent driving of the offending jeep by first MACA.No.2109/05 2 respondent. First respondent as the driver, second respondent as the owner and third respondent as the insurer of the offending jeep are jointly and severally liable to pay compensation to the claimant. 3. Respondents 1 and 2, the driver and owner of the offending bus remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending bus filed a written statement admitting the policy, but contending that the accident occurred due to the negligent riding of the motor cycle by its rider. 4. Claimant was examined as PW1 and Exts.A1 to A10 were marked on his side before the Tribunal. Ext.X1 was also marked. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending jeep by first respondent and awarded a compensation of Rs. 31,014/-. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the claimant and the counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal MACA.No.2109/05 3 that the accident occurred due to the negligence on the part of the first 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. 31,014/-. The break up of the award amount is as under : Loss of income -Rs. 3,500/- Transportation charges -Rs. 700/- Extra nourishment -Rs. 600/- Medical expenses -Rs. 2,464.25 Pain and suffering -Rs. 6,000/- Disability -Rs. 15,750/- Loss of amenities -Rs. 2,000/- --------------- Total -Rs. 31,014/- ========= 8. The claimant sustained fracture of both bones of left forearm. Ext.A5 is the wound certificate issued from District Hospital, Palakkad. Thereafter he was treated in the Medical College Hospital, Thrissur. Ext.A6 is the discharge certificate . Ext.A7 is the discharge card. He was admitted in the hospital on 16-06-1996 and was discharged on 19-08-1996. Ext.A8 is the disability certificate which shows that he has a permanent disability of 15%. MACA.No.2109/05 4 9. The counsel for the appellant mainly argued that the compensation awarded for the disability caused is very low and that the Tribunal is not justified in fixing his disability as 5% as the certificate of disability Ext.X1 shows that he has a disability of 15%. 10. There is force in the above contention. The Tribunal took his monthly income as Rs. 1750/- and adopted a multiplier of 15 as he was aged 48 and took the disability as 5%. Taking into consideration the disability shown in Ext.X1 certificate of the Medical Board, we feel that his disability can be assessed at 10%. The monthly income of the claimant assessed by the Tribunal and also the multiplier adopted by the Tribunal appears to be reasonable which is not seriously challenged before us. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 31,500/- (10% x 1750 x 12 x 15). Regarding the compensation awarded under other heads, we feel that the same is reasonable and therefore, we are not disturbing the same. 11. In the result, the claimant is entitled to an additional compensation of Rs. 15,750/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. MACA.No.2109/05 5 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.2109/05 6