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 25TH MAY 2010 / 4TH JYAISHTA 1932 MACA.No. 1380 of 2005() ----------------------- OPMV.1457/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER: ----------------------------------- POULOSE, S/O. OUSEPH, KADAVEETTIL HOUSE, NEDUMBAL, THOTTIPAL P.O. THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. S. SUMATHY, D/O. K.SUBRAMANIAN, I.C. SAKTHI NAGAR, UPPIPALAYAM, COIMBATORE, TAMIL NADU. 2. A. ALAKAR SWAMI, S/O. AMMAVASI, 19-C, GANDHI NAGAR, GANAPATHY, COIMBATORE-6, TAMIL NADU. 3. NATIONAL INSURANCE CO. LIMITED, BRANCH OFFICE, COIMBATORE. (RESPONDENTS 4 TO 6 BEFORE THE TRIBUNAL ARE NOT MADE RESPONDENTS HEREIN, SINCE NO RELIEF IS CLAIMED AGAINST THEM). ADV. SRI.P.JACOB MATHEW FOR R3B/O THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 1380 of 2005 ------------------------------------------------------ Dated: MAY 25, 2010 JUDGMENT Barkath Ali, J. In this appeal under sec.173 of the Motor Vehicles Act, the claimant in OP(MV) 1457/2000 on the file of the Motor Accidents Claims Tribunal, Thrissur, challenges the judgment and award of the Tribunal dated March 9, 2005 awarding a compensation of Rs.59,640/- for the loss caused to the claimant on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these: On August 5, 1999 at about 7.30 a.m. the claimant was travelling in a tempo van bearing registration No.KL-8/E 1571 along Mannuthy - Amballur by-pass road. When he reached near Marathakara a tanker lorry bearing registration No.TN.01/K 5511 came at a high speed from the opposite direction and dashed against the tempo van of the claimant. The claimant sustained serious injuries. According to the claimant the accident occurred due to the rash and negligent driving of the tanker lorry by the 2nd respondent. The 1st respondent as the owner, the 2nd respondent as the driver and the 3rd respondent as the insurer of the offending tanker lorry are jointly and severally liable to pay compensation to the claimants. Respondents 3 to 6 are the M.A.C.A. 1380 of 2005 2 owner, driver and insurer of the tempo van in which the claimant was travelling at the time of the accident. 3. Only respondents 3 and 6 entered appearance before the Tribunal. Other respondents remained absent. Respondents 3 and 6 filed separate written statements admitting the accident and the policies of the respective vehicles. They attributed negligence on the drivers of the other vehicles. 4. The claimant was examined as PW.1 and Exts.A1 to A12 were marked on the side of the claimant. No evidence was adduced by the contesting respondents 3 and 6 before the Tribunal. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence on the part of the 2nd respondent and awarded a compensation of Rs.59,640/-. 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 2nd respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is M.A.C.A. 1380 of 2005 3 entitled to any enhanced compensation. 7. The claimant sustained the following injuries as revealed from Ext.A2 copy of the wound certificate, Ext.A6 reference card and Ext.A7 out patient ticket issued from the hospital:- “head injury, sub arachnoid bleed in the brain, fracture zygomatic arch right, fracture lateral and anterior wall of right maxillary sinus, fracture sygomatic arch(rt) fracture lateral wall of right orbit, hasiness of right maxillary sinus, multiple bodily injuries.” He was admitted in the hospital on 5.8.1999 and was discharged on 13.8.1999 at the Medical College Hospital, Thrissur. Ext.A8 is the C.T. scan report. Ext.A9 certificate of disability issued by Dr. Mahadevan, Neurosurgeon of Medical College Hospital, Thrissur shows that the claimant has a permanent disability of 15%. Ext.A10 is the disability certificate issued by another doctor showing the same percentage of disability. 8. The Tribunal awarded a total compensation of Rs.59,640/-. The break up of the compensation awarded is as under:- Loss of earning for 3 months - 6,000/- medical and allied expenses - 3,000/- Compensation for pain and suffering - 10,000/- Loss of amenities of life - 8,000/- continuing permanent disability - 32,640/- M.A.C.A. 1380 of 2005 4 (Rs.24,000 x 8% x 17) 9. The Counsel for the appellant/claimant sought enhancement of the compensation for the disability caused and for loss of amenities and enjoyment of life. The Tribunal took the monthly income of the claimant as Rs.2000/-, adopted a multiplier of 17 and took the percentage of disability as 8% and awarded Rs.32,640/- for the disability caused. As the claimant is a tempo driver as evidenced by Ext.A12, copy of his driving licence, we feel that his monthly income can be reasonably estimated at Rs.2500/-. The percentage of disability assessed by the Tribunal and the multiplier adopted appear to be reasonable. Thus calculated, for the disability caused the claimant is entitled to a compensation of Rs.40,800/- (2500 x 12 x 17 x 8%). Thus on this count the claimant is entitled to an additional compensation of Rs.8,160/-. 10. For the loss of amenities and enjoyment of life, the Tribunal awarded a compensation of Rs.8000/-. Taking into consideration the nature of the injuries sustained, we feel that a compensation of Rs.15,000/- would be reasonable on this count. Thus on this count the claimant is entitled to an additional compensation of Rs.7,000/-. 11. As regards the compensation awarded under other heads, M.A.C.A. 1380 of 2005 5 we find the same to be reasonable and therefore are not disturbing the same. 12. Thus the claimant is entitled to an additional compensation of Rs.15,160/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. The 3rd 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 mt/-