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 9TH JULY 2010 / 18TH ASHADHA 1932 MACA.No. 251 of 2004() ---------------------- OPMV.164/1999 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): PETITIONER ------------------------ MAHIDHARAN, S/O. NARAYANAN, PALLEKATTU VEEDU, MARUTHORVATTOM P.O., CHERTHALA. BY ADV. SRI.T.B.SARASAN SRI.M.V.BAIJU RESPONDENT(S): RESPONDENTS --------------- 1. PRADEEPAN, S/O. KESAVAN, VELIYIL VEEDU, C.M.C. 13, MARUTHORVATTOM POST, CHERTHALA. 2. P.R.SATHEESH, S/O. RAMACHANDRATHILAKAN, KAMPIYAKATH VEEDU, ARTHUNKAL POST, CHERTHALA. 3. THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., ALAPPUZHA. ADV. SRI.N.RAGHURAJ FOR R2 SMT.K.AMMINIKUTTY FOR R2 SMT.SARAH SALVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 251 of 2004 ------------------------------------------------------ Dated: JULY 9, 2010 JUDGMENT Barkath Ali, J. In this appeal under sec.173 of the Motor Vehicles Act the claimant in OP(MV) 164/1999 on the file of the Motor Accidents Claims Tribunal, Alappuzha, challenges the judgment and award of the Tribunal, dated, June 20, 2003 awarding a compensation of Rs.79,500/- for the loss caused to the claimant on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these: The claimant was aged 30 at the time of the accident and was working as an Auto Electric Mechanic earning Rs.4500/- per month according to the claimant. On April 19, 1998 at about 6.30 p.m. the claimant was pillion riding on a scooter along Cherthala - Alappuzha National Highway. When he reached near NSS Union Buildings, Cherthala, the 1st respondent who was riding the scooter, while overtaking a KSRTC bus, turned to the left negligently as a result of which the claimant fell down on the road and sustained serious injuries. According to the claimant the accident occurred due to the rash and negligent riding of the scooter by the 1st respondent. The 1st respondent as the rider, the 2nd respondent as the owner and the 3rd respondent as M.A.C.A. 251 of 2004 2 the insurer of the offending scooter are jointly and severally liable to pay compensation to the claimant. He claimed a compensation of Rs.4,50,000/-. 3. Respondents 1 and 2, the rider and the owner of the offending scooter, remained absent and were set ex parte by the Tribunal. The 3rd respondent, insurer of the offending scooter, though entered appearance, did not file any written statement. 4. PW.1 was examined and Exts.A1 to A9 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting 3rd respondent. On an appreciation of evidence the Tribunal awarded a compensation of Rs.79,500/- with interest @ 7.5% per annum from the date of petition till realisation and a cost of Rs.1000/-. 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 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 M.A.C.A. 251 of 2004 3 from Ext.A4, copy of the wound certificate, Ext.A5 discharge summary and Ext.A7 medical certificate issued from the hospital. “lacerated wound 2 x 1 x 1 cm size lateral end of the left eye brow, abraded concussion 4 x 4 cm size left side, an abrasion of 6 x 8 cm size left side of the face, lacerated wound ½ x ½ x ½ cm size upper part of the left ear lobe and black eye left side. ........ Contusion left orbit, fracture left orbit, fracture left temporal bone.” He was an inpatient from 19.4.1998 to 28.4.1998. Ext.A7 medical certificate shows that he had left optic nerve injury with no vision and that his left eye is blind. 8. The Tribunal awarded a total compensation of Rs.79,500/-. The break up of the compensation awarded is as under:- pain and suffering - Rs.8000/- loss of income for 3 months - 4500/- medical expenses - 13000/- bystander's expenses etc. - 4000/- disability - 50000/- 9. The Counsel for the appellant/claimant sought enhancement of the compensation awarded for the disability caused, for pain and suffering endured and for loss of amenities and enjoyment of life. The Tribunal took the monthly income of the claimant as Rs.1500/- and awarded Rs.50,000/- for the disability caused. The claimant was M.A.C.A. 251 of 2004 4 an Auto Electric Mechanic drawing a monthly salary of Rs.4500/- according to him. Ext.A6 is the certificate to that effect. Taking into consideration the above aspect, we feel that the income of the claimant can be reasonably fixed at Rs.2500/- per month. As the claimant was aged 30 at the time of the accident, the multiplier of 17 would be reasonable in this case. 10. As regards the percentage of disability, the claimant has lost sight of his left eye, which is supported by Ext.A7 certificate issued by the Opthalmologist. Under Schedule I of Workmen's Compensation Act, the percentage of disability for loss of one eye without complications is 30%. Thus calculated, for the disability caused the claimant is entitled to a compensation of Rs.1,53,000/- (2500 x 12 x 17 x 30%). Thus on this count the claimant is entitled to an additional compensation of Rs.1,03,000/-. 11. The Tribunal awarded Rs.8000/- for pain and suffering endured by the claimant which appears to be very low. Taking into consideration the nature of the injuries sustained, we feel that a compensation of Rs.15000/- would be reasonable on this count. Thus on this count the claimant is entitled to an additional compensation of Rs.7000/-. 12. No compensation was awarded for the loss of amenities and enjoyment of life. Having regard to the nature of the injuries M.A.C.A. 251 of 2004 5 sustained, we feel that a compensation of Rs.10,000/- would be reasonable for the loss of amenities and enjoyment of life. 13. There is another aspect in this case. The Tribunal awarded Rs.4500/- towards loss of earnings for three months @ Rs.1500/- p.m. As we have fixed the monthly income of the claimant as Rs.2500/-, he is entitled to a compensation of rs.7500/- on this count. Thus the claimant is entitled to an additional compensation of Rs.3000/- on this count. 14. Thus the claimant is entitled to an additional compensation of Rs.1,23,000/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and for the enhanced compensation. The 3rd 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 mt/-