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 3RD JANUARY 2011 / 13TH POUSHA 1932 MACA.No. 848 of 2007() ---------------------- OPMV.3248/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- MANI, S/O. APPUNNY, KANKALATH HOUSE, P.O. KUTTENCHERY, VIA. ERUMAPETTY, THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENTS/RESPONDENTS --------------- 1. ABKAR, S/O. MUHAMMED, MANCHAPATPARAMBIL HOUSE, P.O.CHIRANELLUR, KECHERY, THRISSUR DISTRICT. 2. MUHAMMED RAFFI, S/O. MOHAMMED, CHATHAKULAM HOUSE, MANGAD, KOTTAPURAM, THRISSUR. 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, KUNNAMKULAM. ADV. SRI.J.MATHAPPAN FOR R3 SMT.D.GEETHA FOR R3 SRI.AGINOV MATHAPPAN FOR R3 SMT.K.SHERIN MOHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.848 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.3248/2001 on the file of Motor Accidents Claims Tribunal, Thrissur. In this appeal he challenges the judgment and award of the Tribunal dated July 26,2006 awarding a compensation of Rs.77,900/- for the loss caused to him on account of the injuries sustained in a motor accident. He sustained the following injuries in that accident that occurred on June 25, 2001 at about 11.30 a.m. : Fracture with dislocation of bimalleolar bone right tibia, fibular with syndesmosis rupture, open dislocation right ankle, crush injury on ankle joint and multiple bodily injuries. Open dislocation of right ankle joint with fracture lower 3rd of tibia. 2. The accident happened while the claimant was walking along Wadakkanchery-Kunnamkulam public road, he was knocked down by the motor cycle bearing Reg.No.KL-8/G 4896 ridden by the MACA.No.848/2007 2 second respondent from behind.. 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. 1,41,500/-. 3. Respondents 1 and 2, the owner and the rider of the offending motor cycle filed a written statement admitting the accident, but attributed negligence to the claimant. The third respondent, the insurer of the offending motor cycle filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A11 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 riding of the offending motor cycle by second respondent and awarded a compensation of Rs. 77,900/- with interest @ 7% per annum from the date of petition till realisation and proportionate cost. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellant/claimant and the counsel for the Insurance Company. MACA.No.848/2007 3 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 compensation of Rs.77,900/-. The break up of the compensation awarded by the Tribunal is as under : Loss of earning - Rs.10,000/- Transportation - Rs. 500/- Extra nourishment - Rs. 1,000/- Damage to clothes - Rs. 500/- Treatment exp. - Rs. 14,200/- Personal assistance - Rs. 3,300/- Pain and suffering - Rs. 12,000/- Permanent disability - Rs. 26,400/- Loss of amenities - Rs. 10,000/- ---------------- Rs.77,900/- ========== 8. Counsel for the claimant sought enhancement of compensation for the disability caused, for pain and suffering endured and for loss of amenities and enjoyment of life. 9. The Tribunal took the monthly income of the claimant as Rs.2,000/- and the percentage of disability as 10% and adopted a MACA.No.848/2007 4 multiplier of 11 and awarded Rs. 26,400/- for the disability caused. The claimant was a manual labourer earning Rs.3,500/- per month, according to him. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 2,500/-. In Ext.A9 certificate of disability, the doctor has certified that the claimant has a disability of 25%. Taking into consideration the disabilities noted by the doctor in Ext.A9, we feel that the percentage of disability can be fixed at 15%. The multiplier adopted by the Tribunal as 11 is not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 49,500/- ( 15% x 2500 x 12 x 11). Thus on this count, the claimant is entitled to an additional compensation of Rs.23,100/-. 10. The Tribunal awarded Rs.10,000/- for loss of amenities and enjoyment in life and Rs.12,000/- for pain and suffering endured which appear to be very low. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 20,000/- for loss of amenities and enjoyment in life and Rs. 20,000/- for pain and suffering endured would be reasonable. 11. There is another aspect in this case. The Tribunal awarded MACA.No.848/2007 5 Rs. 10,000/- towards loss of income for 5 months @ Rs. 2,000/- per month. As we have fixed the monthly income of the claimant as Rs. 2,500/-, he is entitled to a compensation of Rs. 12,500/- towards loss of income. Thus on this count, the claimant is entitled to an additional compensation of Rs. 2,500/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 12. In the result, the claimant is found entitled to an additional compensation of Rs. 43,600/-. He is entitled to interest @ 7% per annum from the date of petition till realisation and 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.848/2007 6