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 9TH JULY 2010 / 18TH ASHADHA 1932 MACA.No. 2228 of 2007() ----------------------- OPMV.1539/1998 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- PRADEEP KUMAR, AGED 35 YEARS, S/O VELAYUDHAN, RESIDING AT VARIYUM VEETTIL HOUSE, P.O.ANNASSERRY, KOZHIKODE DISTRICT. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): RESPONDENT NO.3 ------------------------------ THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY, DIVISIONAL OFFICE, GH ROAD, KOZHIKODE. ADV. SMT.SARAH SALVY FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2228 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of July,2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.1539/1998 of II Addl. Motor Accidents Claims Tribunal, Kozhikode challenges the judgment and award of the Tribunal dated May 17, 2007 awarding a compensation of Rs. 1,63,340/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these : On May 15, 1998 at about 10 a.m., the claimant was riding his motor cycle bearing Reg.No.KL-11/G-1638 along Atholi-Ullieri road. When he reached near Kunnancheri, a bus bearing Reg.No.KRZ 3240 came at a high speed from the opposite side and dashed against the motor cycle of the claimant. Claimant sustained serious injuries. According to the claimant, accident occurred due to the rash and negligent driving of the offending bus by first respondent. First respondent as the driver, second respondent as the owner and third MACA.No.2228/2007 2 respondent as the insurer of the offending bus are jointly and severally liable to pay compensation to the claimant. 3. Respondents 1 and 2, the driver and owner of the offending bus remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending bus filed a written statement admitting the policy and further contended that there was also negligence on the part of the claimant. 4. Exts.A1 to A8 series and Exts.X1 and X2 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending bus by first respondent and awarded a compensation of Rs.1,63,340/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs. 300/-. 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. MACA.No.2228/2007 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 first 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 claimant sustained the following injuries as revealed from Ext.A2, copy of the wound certificate issued from Medical College Hospital, Kozhikode. Bleeding from nose and abrasion right side of neck, abrasion left ankle 2 x 2 cm. abrasion right ankle 2 x 2 cm. Subdural haematoma, subarchnoid haemorrhage, intra cerebral haemorrhage and fracture of frontal bone. 8. Ext.A3 is the note book of the Unit Chief of Surgery Department. Ext.X1 is the case sheet summoned from Medical College Hospital regarding the treatment of the claimant. Ext.X2, the disability certificate issued by the Medical Board shows that claimant has a permanent disability of 26%. He has post traumatic epilepsy, post traumatic amensia and he is mentally handicapped. MACA.No.2228/2007 4 9. The Tribunal awarded a total compensation of Rs.1,63,340/-. The break up of the compensation awarded is as under : Transport to hospital - Rs. 500/- Extra nourishment - Rs. 1,500/- Damage to cloth - Rs. 500/- Medical expenses - Rs. 15,000/- Bystander expenses - Rs. 9,000/- Temporary loss of earning - Rs. 12,000/- Pain and suffering - Rs. 15,000/- Loss of permanent disability - Rs. 99,840/- Loss of amenities in life - Rs. 10,000/- 10. Counsel for the claimant sought enhancement of compensation for the disability caused and for pain and suffering endured and for loss of amenities and enjoyment in life. 11. The Tribunal took the monthly income of the claimant as Rs.2,000/- and took the percentage of disability as 26% and adopted a multiplier of 16 and awarded Rs. 99,840/- for the disability caused. The claimant was an Auto Electrician and was running an Auto Electrical shop. Ext.A6 is the licence issued from Ullieri Grama Panchayat for running an Auto Electrical work shop. Taking into consideration the above fact, we feel that his monthly income can be reasonably fixed at Rs. 2,500/-. The percentage of disability taken by MACA.No.2228/2007 5 the Tribunal as 26% and the multiplier adopted as 16 are not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 1,24,800/- ( 26% x 2500 x 12 x 16). Thus on this count, the claimant is entitled to an additional compensation of Rs.24,960/-. 12. The Tribunal awarded a compensation of Rs.15,000/- for pain and suffering which appears to be very low. Taking into consideration the nature of the injury sustained by the claimant, we feel that a compensation of Rs. 25,000/- would be reasonable on this count. Thus on this count, the claimant is entitled to an additional compensation of Rs.10,000/-. 13. The Tribunal awarded Rs. 10,000/- for loss of amenities in life, which, in our view, is quite inadequate. Taking into consideration the nature of the injury sustained and the disability caused to the claimant, 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. 5,000/-. 14. The Tribunal awarded Rs. 12,000/- towards loss of MACA.No.2228/2007 6 earnings for six months @ Rs. 2,000/- per month. As we have fixed the monthly income of the claimant as Rs. 2,500/-, he is entitled to a compensation of Rs. 15,000/- towards loss of earnings. Thus on this count, the claimant is entitled to an additional compensation of Rs. 3,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 15. 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. 16. In the result, the claimant is entitled to an additional compensation of Rs. 42,960/-. 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. He is also entitled to proportionate cost. The third respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal MACA.No.2228/2007 7 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.2228/2007 8