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 26TH JULY 2010 / 4TH SRAVANA 1932 MACA.No. 99 of 2005() ------------------------------- OPMV.293/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): PETITIONER ---------------------------------- - --- K.P.BABU, S/O.CHATHU, AGED 28 YEARS, THIRUPATHI HILL, RESIDING AT KUNHIPURAYIL HOUSE, PADANNAPALAM P.O. CHALAD, KANNUR. BY ADVS. SRI.M.V.AMARESAN SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): RESPONDENT ----------------------------------------------- - 1. PUTHALATH RAMACHANDRAN, S/O.KUNHIRAMA PODUVAL, PUTHALATH HOUSE, KAITHPRAM, MATHAMANGALAM, KANNUR. 2. POTHERA ANIL KUMAR, S/O.RAGHAVAN NAMBIAR, AGED 26 YEARS, KAKKARA P.O., VAYAKKAR, KADUKKARAM, KANNUR. 3. THE NEW INDIA INSURANCE COMPANY LTD., SOUTH BAZAR, TEMPLE ROAD, PAYYANNUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BAHSEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 99 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 26th day of July, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.293 of 1998 of the Motor Accidents Claims Tribunal, Thalassery. He sustained the following injuries in a motor accident, which occurred on November 11, 1997 at 7 p.m. at Pallikunnu near Kannur :- “1) Fracture of right femur. 2) Compound fracture of right tibia. 3) 2 ½ inches long laceration over the upper lip and cheek.” 2. According to the claimant, while he was riding his motor cycle, he was knocked down by a bus bearing registration No. KL-13/C 3693, driven by the second respondent. Alleging negligence against the second respondent, he filed the O.P. under section 166 of the Motor Vehicles Act , claiming a compensation of Rs.5 lakhs. MACA 99/2005 2 3. Respondents 1 and 2, the owner and driver of the offending bus, remained absent before the Tribunal. The third respondent, the insurer of the offending bus, filed a written statement, admitting the policy and attributing negligence on the part of the claimant. 4. On the side of the claimant he was examined as PW1, the Insurance Surveyor, who has assessed the damage caused to the claimant's motor cycle, was examined as PW2 and Exts.A1 to A14 were marked. No evidence was adduced by the respondents. The Tribunal, on an appreciation of evidence, found that the accident occurred due to the rash and negligent driving of the offending bus by the second respondent and awarded a compensation of Rs.1,03,100/- with interest @ 9% per annum 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 counsel for the claimant and the counsel for the Insurance Company. MACA 99/2005 3 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the second 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 Tribunal awarded a total compensation of Rs.1,03,100/-. Break up of the compensation awarded is as under :- Medical expenses : Rs. 42,000/- Loss of income : Rs. 12,000/- Pain and sufferings : Rs. 20,000/- Loss of amenities : Rs. 5,000/- Transportation expense : Rs. 6,000/- Permanent disability : Rs. 10,000/- Hospitalization expenses : Rs. 8,100/- and bystander's expenses. -------------------- Total : Rs.1,03,100/- ======== 8. The learned counsel for appellant sought enhancement of compensation for the disability caused. 9. The Tribunal took the monthly income of the claimant as Rs.1,500/-, took the percentage of disability as MACA 99/2005 4 3%, adopted multiplier of 17 and awarded Rs.10,000/- for the disability caused. According to the claimant, at the time of the accident, he was an Electrician and was earning Rs.4,000/- per month. He produced Ext.A6 salary certificate issued from Thiruvepathi Mills Ltd., certifying that he was earning a salary of Rs.3,051/-. Taking into consideration the above aspect, we feel that his monthly income can reasonably be fixed at Rs.2,500/-. The doctor has certified that his permanent disability at 10%, as seen from Ext.A10. Taking into account the disability as mentioned therein, we feel that the percentage of disability can be assessed at 5%. The multiplier adopted by the Tribunal as 17 is not seriously challenged. Therefore, for the disability caused and for the consequential loss of earning power, the claimant is entitled to a compensation of Rs.25,500/- (Rs.2,500/- x 12 x 17 x 5%). Thus, on this count, the claimant is entitled to an additional compensation of Rs.15,500/-. 10. The Tribunal awarded interest only at 9% up to MACA 99/2005 5 December, 2001, which appears to be not correct. The claimant is entitled to interest @ 9% per annum for the compensation already awarded as well as the enhanced compensation from the date of petition till realization. 11. In the result, the claimant is found entitled to an additional compensation of Rs.15,500/-. He is entitled to interest @ 9% per annum from the date of petition till realization and proportionate cost. The third respondent being the insurer of the offending bus, shall deposit the amount before the Tribunal 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.