IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 MACA.No. 1297 of 2004() ----------------------- OPMV.1360/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT-PETITIONER ---------------------------------- CYRIL JACOB, S/O.PYLO CHACKO, KATTUPURATH FROM CHAMPAKULAM HOUSE, KUMARAKOM P.O., KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENT(S):RESPONDENTS --------------- 1. GOPAKUMAR, S/O.KUMARAN, KOALIKATTU PUTHENPURAYIL HOUSE, CHENGALAM P.O., KOTTAYAM. 2. GEORGE PHILIP, S/O.C.M.PHILIP, CHERUVALAKKATTU, MANARCADU P.O., KOTTAYAM. 3. THE ORIENTAL INSURANCE CO. LTD., ANNAPORNIMANDIR, QUILON ROAD, MULLACKAL, ALAPPUZHA. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A.1297 of 2004 ------------------------------------------------------ Dated: FEBRUARY 11, 2010 JUDGMENT Barkath Ali, J. The challenge in this appeal under sec.173 of the Motor Vehicles Act by the claimants is to the judgment of the Motor Accidents Claims Tribunal, Kottayam in OP(MV) No.1360 of 1998 dated September 30, 2003 awarding a compensation of Rs.41,920/- for the loss caused to the claimant on account of the injuries sustained in a motor accident. The facts in brief are these: On March 7, 1998 at about 8.30 p.m. while the claimant was walking along the road near Kumarakam, he was knocked down by a motorbike bearing registration No.KRK 41 driven by the 1st respondent and owned by the 2nd respondent. He sustained serious injuries and was treated in the Medical College Hospital, Kottayam. The 1st respondent as the rider, 2nd respondent as the owner and the 3rd respondent as the insurer of the offending vehicle are jointly and severally liable to pay compensation to the claimant as the accident occurred due to the negligence on the part of the rider of motorbike, the 1st respondent. The appellant claimed a compensation of Rs.3,80,000/-. 3. Respondents 1 and 2, the rider and the owner of the offending motorbike, remained absent and they were set ex parte. The 3rd respondent, insurer, filed a written statement admitting the M.A.C.A.1297 of 2004 2 policy. On the side of the claimant Exts.A1 to A9 were marked. No evidence was adduced by the contesting 3rd respondent. On an appreciation of evidence the Tribunal awarded a compensation of Rs.41,920/-. The claimant has now come up in appeal challenging the quantum of compensation awarded. 4. Heard the counsel for the claimant and the counsel appearing for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 1st respondent is also not challenged in this appeal. Therefore the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 6. The claimant has sustained a fracture of fibula and malleolus as evidenced by Ext.A6, copy of the wound certificate, and Ext.A7 discharge card. Assessing his disability as 7% the Tribunal awarded compensation as follows:- Loss of earnings Rs.3,000 treatment 1,000 bystander's expenses 1,000 transportation 500 pain and suffering 10,000 M.A.C.A.1297 of 2004 3 disability 21,420 loss of amenities 5,000 ------------------- Total 41,920 =========== 7. The Tribunal has taken the monthly income of the claimant as Rs.1500/-. According to the claimant, he was a salesman with a monthly income of Rs.2500/- and was aged 30. We feel that even as a coolie he would have earned Rs.100/- per day. Therefore his monthly income can be reasonably fixed at Rs.2000/-. The Tribunal has adopted a multiplier of 12 and assessed his disability as 7% which is not seriously challenged in this appeal. Thus calculated the claimant is entitled to a compensation of Rs.28,560/- towards the disability caused. Therefore he is entitled to an additional compensation of Rs7140/- on this count. As we have assessed his monthly income as Rs.2000/- towards loss of earnings, he is entitled to a sum of Rs.4000/- i.e. at the rate of Rs.2000/- per month. Thus on this count he is entitled to an additional compensation of Rs.1000/-. 8. Thus the claimant is entitled to an additional compensation of Rs.8140/-. He is entitled to interest at the rate of 9% per annum from the date of petition till realisation and proportionate costs. The M.A.C.A.1297 of 2004 4 3rd respondent shall deposit the amount within two months from the date of receipt of a copy of this judgment before the Tribunal with notice to the claimant. The appeal is disposed of as found above. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-