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 12TH OCTOBER 2010 / 20TH ASWINA 1932 MACA.No. 1605 of 2005() ----------------------- OPMV.1945/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/CLAIMANT: --------------------------------- SURESH VARGHESE, S/O. VARGHESE, ARATTUCHIRACKAL HOUSE, ARATTUCHIRACKAL BHAGOM, PUTHUPPALLY P.O., KOTTAYAM. BY ADV. SRI.SANTHOSH MODAYIL RESPONDENT(S): RESPONDENTS --------------- 1. EBY KURIAN, S/O. K.V. KURIAN, AMRUTHA BHAVAN, KAROTTU KRUISSU BHAGOM, MULANTHURUTHY P.O., ERNAKULAM DISTRICT. 2. ROBIN THOMAS MATHEW, S/O. THOMAS MATHEW, KARIPPAL HOUSE, NALUNNAKAL P.O., CHANGANACHERRY, KOTTAYAM. 3. THSE UNITED INDIA INSURANCE CO.LTD., KOTTAYAM. ADV. SMT.NAINA RAJI NAIR FOR R1 SRI.SUNNY P MARKOSE FOR R1 SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1605 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of October, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1945/2002 on the file of Motor Accidents Claims Tribunal, Kottayam. He sustained the following injuries in a motor accident that occurred on February 8, 2002 at about 4.45 p.m.: 1. Lacerated wound at right ankle joint 6 x 1 x 1 cm. over malleolus. 2. Abrasion 3 x .25 x .25 cm. X-ray investigation revealed fracture and dislocation of right ankle ( Grade II) 2. The accident happened while the claimant was walking along Kanjirathummoodu-Puthuppally public road, he was knocked down by a motor cycle bearing Reg.No.KL5/L-2348 ridden by the first respondent. Alleging negligence against the first respondent, 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 the owner of the offending motor cycle filed separate written statements admitting the MACA.No.1605/2005 2 accident, but denying the liability. The third respondent, the insurer of the offending motor cycle filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A11 were marked on the side of the claimant before the Tribunal. Ext.B1 was marked on the side of the contesting respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent riding of the offending motor cycle by first respondent and awarded a compensation of Rs. 69,317/- with interest @ 6% per annum from the date of petition till realisation and proportionate cost. 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 first respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is MACA.No.1605/2005 3 entitled to any enhanced compensation. 7. The break up of the compensation awarded is as under : Hospitalisation exp. - Rs. 800/- Medical bills - Rs.21,317/- Bystander exp. - Rs.1500/- Transportation - Rs.1,500/- Loss of earnings - Rs.2,700/- Pain and suffering - Rs. 9,500/- Head injury compensation - Rs. 9,500/- Disability - Rs. 15,000/- Loss of amenities and enjoyment in life - Rs. 7,500/- 8. 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.1,500/- and awarded Rs. 15,000/- for the disability caused. The claimant was a Plus Two student aged 18 at the time of the accident. Therefore, the Tribunal is perfectly justified in taking his monthly income as Rs. 1500/-. A multiplier of 16 would be reasonable in this case, taking into consideration the age of the claimant. As regards the percentage of disability, the doctor has certified the disability as 13% in Ext.A8 certificate issued by him. Taking into consideration the nature MACA.No.1605/2005 4 of the disabilities certified by the doctor, we feel that the percentage of disability as shown therein can be taken. Thus calculated, for the disability caused, the claimant is entitled to a compensation of Rs. 37,440/- ( 13% x 1500 x 12 x 16). Thus on this count, the claimant is entitled to an additional compensation of Rs.22,440/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 10. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum which appears to be very low. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. 11. In the result, the claimant is entitled to an additional compensation of Rs. 22,440/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation and proportionate cost. The third respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within MACA.No.1605/2005 5 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 sv. MACA.No.1605/2005 6