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 28TH MARCH 2011 / 7TH CHAITHRA 1933 MACA.No. 1997 of 2008() ---------------------------------- OPMV.309/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): /PETITIONER ------------------------------------------- ANTONY, S/O.PAILY RESIDING AT KOYIKKARA HOUSE, ANGADY BHAGAM, KIZHAKKAMBALAM VILLAGE, ERNAKULAM DISTRICT. BY ADVS. SMT.ANEY PAUL SRI.PHILIP J.VETTICKATTU RESPONDENT(S): RESPONDENTS ------------------------------------------------ 1. A.P.SATHYAN, S/O.PADMANABHAN, ARICKAPPILLIYIL HOUSE, PERUMBALLOOR.P.O., MUVATTUPUZHA. 2. REJI P.K., S/O.KRISHNAN, PACHELIL HOUSE, MUDAVOOR KARA, VELLOORKUNNAM VILLAGE. 3. THE BRANCH MANAGER, THE NATIONAL INSURANCE CO.LTD., ALUVA. R3 BY ADV. SRI.M.A.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1997 of 2008 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 28th day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.309/2004 on the file of the Motor Accidents Claims Tribunal, Muvattupuzha. In this appeal he challenges the judgment and award of the Tribunal dated June 4, 2008 awarding a compensation of Rs.2,53,150/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on August 25, 2003 at Pazhaganadu. While the claimant was driving a mini lorry bearing registration No.KLL-1664, a bus bearing registration No.KL-7/AE 2445, driven by the first respondent, dashed against the mini lorry, as a result of which the claimant sustained serious injuries. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.5 lakhs. 3. Respondents 1 and 2, the driver and the owner of the MACA1997/2008 2 offending bus, remained absent and they were set ex parte by the Tribunal. The third respondent, the insurer of the offending bus, filed a written statement admitting the policy. PWs.1 and 2 were examined and Exts.A1 to A24 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 of the first respondent and awarded a compensation of Rs.2,53,150/- with interest @ 8.5% p.a. from the date of petition till realization. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the claimant and the counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the first 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. 6. The claimant sustained the following injuries in the accident:- MACA1997/2008 3 “1) Multiple lacerated wounds involving face. 2) Contusion abrasion of lower chest right. 3) Clinical evidence of blunt injury abdomen. 4) Fracture of incisor – 8th and 9th ribs. 5) Commutated fracture of ulna. “ 7. The Tribunal awarded a total compensation of Rs.2,53,150/-. Break up of the compensation awarded is as under:- Loss of earning : Rs. 10,000 Transportation expenses : Rs. 1,000 Extra nourishment : Rs. 3,500 Treatment expenses : Rs. 76,650 Damage to clothing : Rs. 500 Bystander's expenses : Rs. 4,500 Expenses for root canal and : Rs. 4,500 caping of a teeth. Pain and suffering : Rs. 25,000 Loss of amenities : Rs. 15,000 Disability : Rs.1,12,500 ------------------ Total : Rs. 2,53,150 ======= 8. The counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. 9. The Tribunal took the monthly income of the claimant as Rs.2,500/-, took the percentage of disability as 25%, adopted multiplier of 16 and awarded a compensation of Rs.1,12,500/- for the disability caused. Taking into consideration the fact that the claimant was a driver by profession, we feel that his monthly income can reasonably be MACA1997/2008 4 fixed at Rs.3,250/-. Percentage of disability assessed by the Tribunal as 25% and multiplier adopted as 16 are not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.1,56,000/- for the disability caused. Thus the claimant is entitled to an additional compensation of Rs.43,500/- on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 10. In the result, the claimant is found entitled to an additional compensation of Rs.43,500/- with interest @ 7.5% per annum from the date of petition till realization. The third respondent being the insurer of the offending vehicle 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. MACA1997/2008 5 mn