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 18TH OCTOBER 2010 / 26TH ASWINA 1932 MACA.No. 275 of 2005() ---------------------- OPMV.1059/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/APPLICANT : -------------------------------------- N.ANTONY CHACKO, S/O. N.A.CHACKO, NELLIPARAMBIL, CHERIYAVELINALLOOR, OYOOR P.O., KOLLAM DISTRICT. BY ADVS. SRI.R.NARENDRAN NAIR SRI.RAJESH NAMBIAR RESPONDENTS / RESPONDENTS : ------------------------------------------------ 1. B.KRISHNAN, S/O. R.BALAKRISHNA PILLAI, T.C.NO.9/1594, RADHA NIVAS, SASTHAMANGALAM, THIRUVANANTHAPURAM. 2. THE NEW INDIA ASSURANCE CO.LTD., DIVISIONAL OFFICE, THIRUVANANTHAPURAM REPRESENTED BY ITS DIVISIONAL MANAGER. R2 BY ADV. SMT.M.HEMALATHA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 275 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 18th day of October, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.1059 of 1999 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram. He sustained the following injuries in a motor accident that occurred on August 20, 1998 in the night at Sasthamangalam, as per Ext.A4:- 1) Fracture of the medial wall of the right maxillary sinus. 2) Fracture of the anterior wall of the right maxillary sinus. 3) Fracture of the right nasal bone. 4) Depressed fracture of the frontal bone. Bone chip in the medial position of the left orbit close to the optic nerve and fracture of the wall of these ethmoid cells with blood over the cells were also noted in Ext.A4. 2. Claimant was aged 42 and employed as a Chief Sub Editor in Deepika Daily, Thiruvananthapuram, earning Rs.6630/- per month. The accident happened while he was MACA 275/2005 2 returning from his office on his motor cycle bearing registration No.KRK 717 along with his brother and when they reached near Peroorkada Co-operative Bank at Sasthamangalam, a scooter bearing registration No.KL-01/A 5004 ,owned and ridden by the 1st respondent, came at a high speed and dashed against the motor cycle. Alleging negligence against the 1st resplendent, rider of the scooter, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.2,50,000/-. 3. The 1st respondent, owner-cum-rider of the offending scooter, filed a written statement admitting the accident, but attributed negligence to the claimant. The 2nd respondent, insurer of the offending scooter, filed a written statement admitting the policy. 4. Exts.A1 to A8 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence on the part of 1st MACA 275/2005 3 respondent and awarded a compensation of Rs.62,000/- with interest @ 9% p.a. from the date of petition till realization. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and learned 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 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.62,000/-. Break up of the compensation awarded is as under:- Loss of earnings : R.18453/- Medical and incidental expenses: Rs. 1,000/- Transport to hospital : Rs. 500/- Damage to clothing : Rs. 250/- Extra nourishment : Rs. 1000/- MACA 275/2005 4 Bystander's expenses : Rs. 500/- Pain and suffering : Rs.10,000/- Loss of amenities and : Rs.30,000/- inconvenience. ------------------ Total : Rs.61,703/- Rounded to : Rs.62,000/- ======= 8. The learned counsel for the claimant pointed out that no compensation was awarded for the disability caused. 9. The claimant produced a copy of disability certificate issued by the Professor, Neuro Surgery department, Medical College Hospital, Thiruvananthapuram to the effect that the claimant suffered disability of 6%, which is marked as Ext.A9 in this appeal. It is certified therein that the claimant has now the following disabilities:- “He developed diplopia and eye strain following the trauma which gradually settled with time. Now O/E has a bony defect over Lt frontal region and c/o increased irritability and head-ache on reading for some time which is affecting his professional work.” In the light of Ext.A9, we feel that the claimant is entitled to MACA 275/2005 5 a compensation for the disability caused. In Ext.A9 the percentage of disability was assessed at 6%, which appears to be reasonable. The claimant was employed as a Chief Sub Editor in Deepika Daily, Thiruvananthapuram, earning Rs.6630/- per month, as evidenced by Ext.A5 pay slip. Therefore, we feel that his monthly income can reasonably be fixed at Rs.3,000/-. He was aged 41 at the time of the accident. Therefore, proper multiplier that can be adopted in this case is 15. Thus, calculated for the disability caused, the claimant is entitled to a compensation of Rs.32,400/- (Rs.3,000/- x 12 x 15 x 6%). 10. The Tribunal awarded Rs.10,000/- for pain and suffering endured, which appears 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/- would be reasonable for pain and suffering endured by the claimant. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. MACA 275/2005 6 11. In the result, the claimant is entitled to an additional compensation of Rs.42,400/-with interest @ 9% per annum from the date of petition till realization. The claimant is entitled to proportionate costs. The 2nd respondent being the insurer of the offending scooter shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. 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. mn