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 21ST JUNE 2010 / 31ST JYAISTHA 1932 MACA.No. 442 of 2004() ---------------------- OPMV.1910/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- DOMINIC JOSEPH @ UNNI, S/O.E.M.JOSEPH, INCHIPURACKAL HOUSE, MAZHOOR P.O., KOTTAYAM. BY ADV. SRI.P.RAVINDRA BABU RESPONDENT(S): RESPONDENTS -------------------------- 1. SABU K.K., S/O.KUTTAPPAN, KALATHUVELLIL HOUSE, NEERICADU KARA, NOW RESIDING AT ULLATIL HOUSE, CHENNAMATTOM, LAKKATTOOR P.O., KOTTAYAM. 2. P.K.SAYED MOHAMMED, PADIKKAMATTATHIL, MYLOOR P.O., PALLAMANGALAM, KOTHAMANGALAM. 3. THE ORIENTAL INSURANCE CO.LTD., KOTTAYAM. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.442 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of June, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.1910/1995 of Motor Accidents Claims Tribunal, Kottayam challenges the judgment and award of the Tribunal dated December 17, 2002 awarding a compensation of Rs. 33,900/- 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 February 10, 1995 at about 5 p.m., the claimant was accompanying the timber in a lorry bearing Reg.No.KL 7C/9162 driven by the first respondent. When he reached at Polachirappady, while the lorry was reversing, it hit against a compound wall and the claimant fell down and sustained serious injuries. According to the claimant, accident occurred due to the rash and negligent driving of the offending lorry by first respondent. First respondent as the driver, second respondent as the owner and third respondent as the insurer of the MACA.No.442/2004 2 offending lorry are jointly and severally liable to pay compensation to the claimant. Claimant claimed a compensation of Rs. 3.5 lakhs. 3. Respondents 1 and 2, the driver and owner of the offending lorry remained absent before the Tribunal. The third respondent the insurer of the offending lorry filed a written statement admitting the policy 4. Claimant was examined as PW1 and Exts.A1 to A7 were marked on his side before the Tribunal. On the side of the contesting third respondent, Ext.B1 was marked. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending lorry by first respondent and awarded a compensation of Rs.33,900/- with interest @ 9% 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 MACA.No.442/2004 3 question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The claimant sustained comminuted fracture of scaphoid left as revealed from Ext.A4, the copy of the wound certificate and Ext.A2, copy of the discharge card. Ext.A3, the certificate of disability shows that claimant has suffered a permanent disability of 5%. 8. The Tribunal awarded a total compensation of Rs.33,900/-. The break up of the compensation awarded is as under : Loss of earnings - Rs. 3,000/- Hospital expenses - Rs. 1,000/- Transportation expenses- Rs. 500/- Pain and suffering - Rs. 10,000/- Disability - Rs.14,400/- Loss of earning power - Rs. 5,000/- 9. Counsel for the claimant sought enhancement of compensation for the disability caused. 10. The Tribunal took the monthly income of th claimant as Rs. 1500/- and took the percentage of disability as 5% and adopted a multiplier of 16 and awarded Rs. 14,400/- for the disability caused. The claimant was aged 24 at the time of the accident and as a labourer he used to earn Rs. 3,000/- per month, according to him. As there was no documents to prove the income of the claimant, we feel that his MACA.No.442/2004 4 monthly income can be reasonably fixed at Rs.2,000/-. The multiplier adopted by the Tribunal as 16 and the percentage of disability as 5% are not seriously challenged in this appeal. Therefore, for the disability caused, the claimant is entitled to a compensation of Rs. 19,200/- ( 5% x 2000 x 12 x 16). Thus on this count, the claimant is entitled to an additional compensation of Rs. 4,800/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 11. In the result, the claimant is entitled to an additional compensation of Rs. 4,800/-. 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. 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