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 30TH MAY 2011 / 9TH JYAISHTA 1933 MACA.No. 1356 of 2004() ----------------------- OPMV.864/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- M. JAYAKUMAR, S/O. MURALEEDHARAN NAIR, SREENIVAS, GOVIND NAGAR, INDUSTRIAL ESTATE P.O., PAPPANAMCODE, THIRUVANANTHAPURAM. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENTS/ RESPONDENTS: --------------------------- 1. STATE PRESIDENT, BHARATIYA JANATHA PARTY, B.J.P. STATE OFFICE, THIRUVANANTHAPURAM. 2. GOPI, S/O. ITTIKKA, KUTTIKKATTIL VEEDU, SREEMOOLAM NAGAR, ERNAKULAM. 3. THE NATIONAL INSURANCE COMPANY LTD., REPRESENTED BY ITS BRANCH MANAGER, ARISTO JUNCTION, THAMPANOOR, THIRUVANANTHAPURAM. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 SRI.K.V.SABU FOR R1-2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1356 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of May, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.864/1999 on the file of Motor Accidents Claims Tribunal, Thiruvananthapuram. In this appeal he challenges the judgment and award of the Tribunal dated April 10, 2003 awarding a compensation of Rs.62,310/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident that occurred on March 30, 1998: Abrasion on the left knee and medial malleolus, multiple rib fracture left 2nd, 3rd, 4th and 5th medial collateral ligament tear left knee, fracture clavicle left. 2. The accident happened while the claimant was travelling in a jeep bearing Reg.No.KL-01/8208 driven by the second respondent along Madurai-Thiruvananthapuram road. Due to the negligence of the second respondent, the jeep overturned and the claimant sustained serious injuries. Alleging negligence against the second 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/-. MACA.No.1356/04 2 3. Respondents 1 to 3 are the owner, driver and insurer of the offending jeep. They filed written statements before the Tribunal admitting the accident and the policy of the jeep, but denied the liability. 4. PW1 was examined and Exts.A1 to A8 were marked on the side of the claimant before the Tribunal. 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 jeep by second respondent and awarded a compensation of Rs. 62,310/- with interest @ 9% per annum from the date of petition till realisation against respondents 1 to 3. 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 second respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is MACA.No.1356/04 3 entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.62,310/-. The break up of the compensation amount awarded is as under: Pain and suffering - Rs.12,000/- Pecuniary loss - Rs.16,950/- Treatment expenses - Rs. 3,000/- Transport charges - Rs. 3,000/- Disability - Rs.15,360/- Loss of amenities - Rs.12,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused, for loss of amenities and enjoyment of life and for pain and suffering endured. 9. The Tribunal took the monthly income of the claimant as Rs.2,000/-, took the percentage of disability as 8% and adopted a multiplier of 12 and awarded Rs. 15,360/- for the disability caused. The claimant was aged 34 at the time of the accident and was working as a Lecturer in Co-operative Arts and Science College, Thiruvananthapuram earning Rs.7,324/- per month as salary. Ext.A3 is his salary certificate and Ext.A5 is the leave certificate issued by the Principal of the College. Taking into consideration his future hike in salary, we feel that the monthly income of the claimant can be MACA.No.1356/04 4 reasonably fixed at Rs.4,500/-. The Tribunal also fixed his monthly salary as Rs.4,500/-. But for the purpose of computing compensation for the disability caused, only Rs.2,000/- per month was taken. No reason is stated by the Tribunal for taking only Rs.2,000/- per month as the earning power of the claimant. Therefore, we feel that the monthly income of the claimant for the purpose of computing compensation for the disability caused can be taken as Rs.4,500/-. 10. The Tribunal adopted a multiplier of 8 which appears to be reasonable as the disability has not affected his earning capacity. Further, he is still in service. As regards the percentage of disability caused to the claimant, though the doctor has certified the percentage of disability as 19% in Ext.A4, we feel that the percentage of disability taken by the Tribunal as 8% appears reasonable as the claimant has now only pain on his leg while walking. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 34,560/- ( 8% x 4500 x 12 x 8). Thus on this count, the claimant is entitled to an additional compensation of Rs.19,200/-. 11. The Tribunal awarded Rs.12,000/- for pain and suffering endured. No compensation was seen awarded for loss of amenities and MACA.No.1356/04 5 enjoyment in life. Having regard to the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 15,000/- for pain and suffering endured and a further compensation of Rs.15,000/- for loss of amenities and enjoyment in life would be reasonable. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 12. In the result, the claimant is found entitled to an additional compensation of Rs. 37,200/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. The third 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 sv. MACA.No.1356/04 6 MACA.No.1356/04 7