IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 MACA.No. 385 of 2005() ---------------------------------- OPMV.762/1999 of ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/PETITIONER: ------------------------------------- ANTONY, S/O. CHACKO, ELANJIKKAL HOUSE, CMC 6, CHERTALA. BY ADV. SRI.T.B.SARASAN, SRI.M.V.BAIJU. RESPONDENTS/RESPONDENTS: ------------------------------------------------ 1. SATHYAN, S/O. BHASKARAN, SUTHALAYAM HOUSE, CMC IX, CHERTALA. 2. C.S. UNNIKRISHNAN, CHULLIMANGALATH ILLOM CHEMPU P.O., VAIKKOM. 3. THE NATIONAL INSURANCE CO. LTD., REPRESENTED BY ITS BRANCH MANAGER, THRIPOONITHURA. R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs A.K.BASHEER & P.Q.BARKATH ALI, JJ. --------------------------------------------- M.A.C.A.No. 385 OF 2005 --------------------------------------------- Dated this the 5th day of April, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.762/1999 on the file of Additional Motor Accidents Claims Tribunal, Alappuzha. In this appeal the claimant challenges the judgment and award of the Tribunal dated May 29, 2004 awarding a compensation of Rs.82,000/- for the loss caused to the claimant on account of the injuries sustained by her in a motor accident. 2. The accident happened on February 28, 1999 at about 7.15 p.m. near Chenganda bridge on the Cherthala- Arookutty road. Claimant fell off a motor cycle bearing registration No.KL-5G-3110 while riding pillion, which was ridden by third respondent and sustained the following injuries in the accident. (i) Vertically plated deep lacerated. wound 15 x 3 x 3cm on the middle of right leg. (ii) Deep lacerated wound 3 x 3cm on lateral aspect of dorsum of left foot. MACA No.385/2005 -2- (iii) Lacerated wound 3 x 2cm on each on back side of left foot. (iv) Wide abrasion of 25cm x 15cm on each on back side of chest left side, left side flanks and left side hip region. (v) Pain and tenderness 1/3rd of left leg and fracture flank of left leg. (vi) Fracture Pelvis. (vii) Fracture posterior malleoleous and multiple soft tissue injuries. Alleging negligence against the 1st respondent, the rider of the offending motor cycle the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 4,00,000/-. 3. Respondents 1 and 2, the rider and owner of the offending jeep remained absent before the Tribunal. 3rd Respondent, the insurer of the offending motor cycle filed a written statement admitting accident but denied the liability. 4. The claimant was examined as PW1 and Exts.A1 to A11 were marked on his side before the Tribunal. On the side of contesting 3rd respondent Ext.B1 was produced. On an appreciation of evidence the Tribunal found that the accident occurred due to negligence of the 1st respondent MACA No.385/2005 -3- and awarded a compensation of Rs. 82,000/- with interest at 6% per annum from the date of petition till realisation and proportionate costs. The claimant has now 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 that the accident occurred due to the negligence on the part of the 1st respondent, the rider of the offending motor cycle 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. 7. The Tribunal awarded a total compensation of Rs.82,000/-. The break up of the compensation amount awarded is as under: Pain and suffering - Rs.12,000/- Loss of income - Rs. 6,000/- Damage to clothing, transport to hospital, bystander expense MACA No.385/2005 -4- and extra nourishment - Rs. 4,000/- Medical expenses - Rs.25,000/- Loss of enjoyment and amenities and loss of future earning power - Rs.35,000/- ----------------- Total Rs.82,000/- ======= 8. Counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. 9. No compensation was seen awarded by the Tribunal for the disability caused to the claimant. The claimant was a headload worker aged 28. Taking into consideration the above aspect we feel that his monthly income can be reasonably fixed as Rs.2,500/-. The Tribunal took the percentage of disability as 10%. In Ext.A8 Doctor has certified that claimant has a permanent disability of 20%. Taking into consideration the disabilities mentioned in Ext.A8 we are of the view that his percentage of disability can be reasonably assessed at 15%. Suitable multiplier that can be adopted in this case is 18. Thus calculated for the disability caused claimant is entitled to a compensation of Rs.81,000/- (2500 x 12 x 18 x 15%). MACA No.385/2005 -5- 10. Tribunal awarded Rs.6,000/- towards loss of income i.e., for 4 months at the rate of Rs.1,500/- per month. As we have fixed the monthly income of the claimant as Rs.2,500/-, he is entitled to a compensation of Rs.10,000/- on this count. 11. The Tribunal awarded Rs.12,000/- for pain and suffering endured. Taking into consideration the nature of the injury sustained by the claimant we feel that a compensation of Rs.20,000/- would be reasonable on this count. 12. The Tribunal awarded Rs.35,000/- for loss of amenities and loss of future earning power. As compensation has already been awarded for the disability caused, claimant is not entitled to any compensation for loss of future earning power. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.25,000/- would be reasonable for loss of amenities and enjoyment in life instead of Rs.35,000/- awarded by the Tribunal. MACA No.385/2005 -6- 13. There is another aspect in this case. Rs.25,000/- was awarded by the Tribunal towards medical expenses. But the claimants produced Ext.A10 series medical bills worth Rs.25,000/-. He also produced a certificate of an Ayurveda Doctor to show that claimant has paid Rs.25,097.20 towards Ayurvedic treatment. Taking into consideration the nature of the injuries sustained by the claimant we feel that the said certificate is genuine. That being so, we are of the view the claimant is entitled to an additional compensation of Rs.25,000/- towards medical expenses. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 14. In the result, the claimant is found entitled to an additional compensation of Rs.1,08,000/- the Tribunal awarded interest @ 6% per annum which appears to be very low. He is entitled to interest at the rate of 7.5% per annum from the date of petition till realisation for the compensation already awarded and for the enhanced MACA No.385/2005 -7- compensation. The 3rd respondent being the insurer of the offending motor cycle 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. Sd/- A.K.BASHEER, JUDGE Sd/- P.Q.BARKATH ALI, JUDGE AMG True copy P.A. to Judge