IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 MACA.No. 2765 of 2009() ------------------------------------------ [ OPMV.707/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD] .................... APPELLANT/PETITIONER: ------------------------------------ SUJATHA W/O. VIJAYAN, KALLINGAL HOUSE, THIRUVALATHUR P.O.,PALAKKAD DISTRICT BY ADV. SRI.A.R.GANGADAS RESPONDENTS/ RESPONDENTS --------------------------------------------- 1. T.R.MOHANDAS, S/O.RAMAN, THERENCODE HOUSE, KALLUR, MANKARA, PALAKKAD. 2. THE NEW INDIA ASSURANCE CO.LTD, M.A. LANE, T.B. ROAD, PALAKKAD ADV. SRI. LAL GEORGE FOR R2 SRI.P.R.VENKETESH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 2765 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No. 707/2004 on the file of Motor Accidents Claims Tribunal, Palakkad. In this appeal, she challenges the judgment and award of the Tribunal dated December 18, 2008 awarding a compensation of Rs. 57,107/- for the loss caused to the claimant on account of the injury sustained by her in a motor accident. 2. The accident happened on December 15, 2003 at about 2.30 p.m. While the claimant was waiting for the bus at Vazhukkapara bus-stop, a lorry bearing Reg.No.KLP. 5772 driven by the 1st respondent came at a high speed and knocked her down. Alleging negligence against the 1st respondent, the owner-cum-driver of the offending lorry, the claimant filed the O.P. before the Tribunal under Section 166 of the Motor Vehicles Act claiming a compensation of Rs. 1,60,000/-. 3. The 1st respondent, the owner-cum-driver of the offending MACA No.2765/2009 -2- lorry filed a written statement admitting the accident but denied the liability. The 2nd respondent, the insurer of the offending lorry filed a written statement admitting the policy of the offending vehicle. 4. This O.P. was jointly tried along with another O.P. filed by another injured person in the accident and a common award was passed. Exts. A1 to A12 were marked on the side of the claimant. Exts. B1 to B7 were marked on the side of the respondents. Ext.X1 was also marked. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence of the 1st respondent and awarded a compensation of Rs. 57,107/- with interest at the rate of 7.5% per annum from the date of petition till realization and a cost of Rs.400/-. 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. 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 MACA No.2765/2009 -3- entitled to any enhanced compensation. 7. The claimant sustained the following injuries in the accident: “avulsion injury right foot” 8. The Tribunal awarded a total compensation of Rs. 57,107/-. The break up of the compensation amount awarded is as under: Loss of earnings : Rs. 4,000/- (@ Rs. 2000/- per month for two months) Transportation expenses : Rs. 1,500/- Extra nourishment : Rs. 1,000/- Damage to clothing : Rs. 500/- and articles Treatment expenses : Rs.20,787/- Bystander expenses : Rs. 6,000/- Pain and sufferings : Rs.12,000/- For permanent disability : Rs. 4,320/- and loss of earning power Loss of amenities and : Rs. 3,000/- enjoyment of life For disfiguration : Rs. 4,000/- ---------------- Total: : Rs. 57,107/- ========== 9. The counsel for the claimant sought enhancement of the MACA No.2765/2009 -4- compensation for the disability caused and on other heads. 10. The Tribunal took the monthly income of the claimant as Rs. 2,000/-, took percentage of disability as 1% as certified by the Medical Board in Ext. X1 and adopted a multiplier of 18 and awarded a compensation of Rs. 4,320/- for the disability caused. The claimant is a coolie, aged 29 at the time of the accident. Therefore, we feel that her monthly income can be reasonably fixed at Rs. 3,000/-. Percentage of disability assessed as 1% by the Tribunal and as certified by the Medical Board is not seriously challenged in this appeal. Thus calculated, for the disability caused, the claimant is entitled to a compensation of Rs. 6,480/- (Rs.3,000x12x18x1/100). Thus, on this count, the claimant is entitled to an additional compensation of Rs. 2,160/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 11. There is another aspect in this case. The Tribunal awarded compensation for loss of earnings for two months ie. Rs. 4,000/- at the rate of Rs. 2,000/- per month. As we have fixed the monthly income of the claimant as Rs.3,000/-, the claimant is entitled to a compensation MACA No.2765/2009 -5- of Rs. 6,000/- towards loss of earnings ie. for two months at the rate of Rs. 3,000/- per month. Thus on this count, the claimant is entitled to an additional compensation of Rs. 2,000/-. In the result, the claimant is found entitled to an additional compensation of Rs. 4,160/-. The claimant is entitled to interest @ 7.5% from the date of petition till realization and proportionate cost. The 2nd 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 PKK