IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 MACA.No. 383 of 2008() ---------------------- OPMV.552/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- NATARAJAN @ RAJU, S/O.KUMARAN, AGED 51 YEARS, SHAJU NIVAS, AROOR PO., CHERTHALA, ALAPPUZHA. BY ADV. SRI.JOSE THETTAYIL SMT.ANITHA M.N. RESPONDENT(S): RESPONDENTS -------------------------- 1. M.A.VINCENT, S/O.ANTONY, MULLOORAN HOUSE, KAITHARAM, NORTH PARAVOOR, ERNAKULAM DISTRICT. 2. THE NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, P.B.NO.25 MUNICIPAL SHOPPING COMPLEX, NORTH PARAVOOR. ADV. SRI.K.I.ABDUL RASHEED FOR R.1 SMT.SARAH SALVY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.383 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of September, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.552/2001 on the file of Motor Accidents Claims Tribunal, Alappuzha. He sustained the following injuries in a motor accident that occurred on November 22, 2000. Fracture both tibis and fibula (right) with short obligue fracture of middle 1/3 and lower 1/3, fracture right femur, abrasion right knee and bones exposed through the wound. 2. The accident happened while the claimant was walking along Alappuzha-Ernakulam National Highway, he was knocked down by a motor cycle bearing Reg.No.KL 7T 4152 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. 6,50,000/-. 3. First respondent, owner-cum- rider of the offending motor cycle filed a written statement contending that the accident occurred MACA.No.383/2008 2 due to the negligence of the claimant. The second respondent, the insurer of the offending motor cycle filed a written statement admitting the policy and further contended that the accident occurred due the negligence of the claimant. 4. Pws 1 to 3 were examined and Exts.A1 to A15 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 riding of the offending motor cycle by first respondent and awarded a compensation of Rs. 2,10,000/- 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.383/2008 3 entitled to any enhanced compensation. 7. The break up of the compensation awarded is as under : Loss of earnings - Rs. 12,000/- Cost of medicines - Rs.88,000/- Bystander expenses - Rs. 4,500/- Transportation - Rs. 3,000/- Extra nourishment - Rs. 2,000/- Damage to clothing - Rs. 500/- Pain and suffering - Rs. 15,000/- Loss of amenities - Rs. 5,000/- Future treatment - Rs. 3,000/- Disability - Rs.72,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused, for loss of amenities and enjoyment of life and for future treatment expenses. 9. The Tribunal took the monthly income of the claimant as Rs.2,000/-, took the percentage of disability as 20% as certified in Ext.C1, the certificate of disability, adopted a multiplier of 15 and awarded Rs. 72,000/- for the disability caused. According to the claimant, he was doing partnership business and was earning Rs. 6,000/- per month. Ext.A12 is the partnership deed. Ext.A14 is the certificate issued by the Village Officer stating that the claimant was getting an annual income of Rs. 61,200/-. Taking into consideration the above aspects, we feel that the monthly income of the claimant can be MACA.No.383/2008 4 reasonably fixed at Rs. 3,000/-. 10. The percentage of disability as 20% and the multiplier as 15 taken by the Tribunal are not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 1,08,000/- ( 20% x 3000 x 12 x 15). Thus on this count, the claimant is entitled to an additional compensation of Rs.36,000/-. 11. The Tribunal awarded Rs.5,000/- for loss of amenities and enjoyment in life. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensated of Rs. 15,000/- would be reasonable on this count. 12. The Tribunal awarded Rs.3,000/- for future treatment expenses. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 25,000/- would be reasonable on this count. 13. The Tribunal awarded Rs. 12,000/- towards loss of income for 6 months @ Rs. 2,000/- per month. As we have fixed the monthly income of the deceased as Rs. 3,000/-, he is entitled to a compensation of Rs. 18,000/- towards loss of income. Thus on this count, the claimant is entitled to an additional compensation of Rs. 6,000/-. As MACA.No.383/2008 5 regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 14. 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. 15. In the result, the claimant is entitled to an additional compensation of Rs. 74,000/- with 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 second 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.383/2008 6 MACA.No.383/2008 7 MACA.No.383/2008 8