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 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 MACA.No. 1510 of 2005() ----------------------------------- OPMV.964/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): PETITIIONER: ------------------------------------------- PAULOSE K.C., S/O. CHACKO, KILUKKAN VEEDU, PATHUVAPURAM, MOONAMPARAMBU. BY ADV. SRI.N.MAHESH RESPONDENT(S): RESPONDENTS: --------------------------------------------------- 1. GODLY K.ALIYAS, S/O. ALIYAS K.J., KOORANKOTHANGADI, PULIYANAM P.O. 2. K. OOMAN MANI, 32/1711, PALARIVATTAM P.O., KOCHI-25. 3. UNITED INDIA INSURANCE CO., CITY BRANCH OFFICE NO.II, NO.10, N.H. ROAD, KALOOR, ERNAKULAM, COCHIN. 4. AHAMAD UNNI, NEDUVELIPARAMBIL HOUSE, PALAPRASSERY,CHENGAMANAD. 5. THE ORIENTAL INSURANCE CO., KALLOOKKARAN SHOPPING COMPLEX, 1ST FLOOR, ANGAMALY-683 572. R1 BY ADVS. SRI.JOSE THETTAYIL SRI.K.PRABHAKARAN R3 BY SRI.SIBY MATHEW, SRI.PHILIP J.VETTICKATTU, SRI.B.PREMNATH (E). R5 BY SRI.P.V.JYOTHI PRASAD THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1510 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 26th day of November, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.964 of 1998 on the file of the Motor Accidents Claims Tribunal, Perumbavoor. In this appeal he challenges the judgment and award of the Tribunal dated May 5, 2005 awarding a compensation of Rs.89,710/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The claimant sustained the following injuries in the accident :- “1. Lacerated wound on the left frontal region avulsion of left ear. 2. Bleeding through the nose, mouth and left ear. 3. Lacerated wound on the right leg anteriorly 15 x 5 cms. 4. Oedema of right foot abrasion on the left side of face and neck. MACA 1510/2005 2 C.T. scan of brain showed fracture anterior, medial and lateral walls of left maxillary, antrum lateral wall orbit and left zygomatic arch, haemorrhagic collection in left antrum, soft tissue contusion left maxilla and no obvious abnormality detected in brain and rest of cranium. 3. The accident happened on April 24, 1998 at about 12.30 p.m. while the claimant was riding a motor cycle bearing registration No.KL-7M-230 from Angamaly to Karayamparambu and when he reached near K.A.K. Tyres, Kothakulangara a car bearing registration No.KL-01-4545 driven by the 1st respondent suddenly turned to the left side without giving any signal and dashed against the motor cycle of the claimant. The claimant sustained injuries mentioned above. Alleging negligence against the 1st respondent driver of the offending car, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.3,50,000/-. 4. Respondents 1 and 2, the driver and the owner of the offending car, remained absent and they were set ex parte by MACA 1510/2005 3 the Tribunal. The 3rd respondent, the insurer of the car filed a written statement admitting the policy of the vehicle, but attributed negligence to the claimant. Respondents 4 and 5 are the owner and the insurer of the motor cycle. The claimant The claim against 4th respondent was dismissed. The 5th respondent filed a written statement admitting the policy of the motor cycle. 5. Exts.A1 to A14 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence on the part of 1st respondent and awarded a compensation of Rs.89,710/- with interest @ 9% p.a. from the date of petition till realization against respondents 1 to 3. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 6. Heard the learned counsel for the claimant and learned counsel for the Insurance Companies. 7. The accident is not disputed. The finding of the MACA 1510/2005 4 Tribunal that the accident occurred due to the negligence on the part of the 1st respondent is not seriously challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 8. The Tribunal awarded a total compensation of Rs.89,710/-. Break up of the compensation awarded is as under:- Pain and suffering : Rs. 15,000/- Loss of earning : Rs. 7,200/- Damage to clothing : Rs. 300/- Transportation : Rs. 2,500/- Medical and incidental expenses : Rs. 9,150/- Extra nourishment and : Rs. 6,000/- bystander's expenses. Loss of earning power : Rs. 34,560/- Loss of amenities : Rs. 15,000/- ------------------ Total : Rs. 89,710/- ======= 9. The learned counsel for the appellant/claimant mainly sought enhancement of compensation for the disability caused and on other heads. 10. The Tribunal took the monthly income of the MACA 1510/2005 5 claimant as Rs.1,800/-, took the percentage of disability as 10%, adopted multiplier of 16 and awarded Rs.34,560/- towards disability caused. According to the claimant, he was a Mechanic running a workshop and was earning Rs.5,000/- per month. Ext.A10 is the certificate of I.T.C., which shows that he has completed the course of the training in the trade of Welder. Exts.A11 and A13 are other certificates showed that he has underwent apprenticeship training. Ext.A12 is permanent registration of Carmel Automobile Engineering Karukutty. Taking into consideration all these aspects, we feel that monthly income of the claimant can be taken as Rs.3,000/-. Ext.A9 shows that he is still suffering from grade 4/5 right hemiparesis. Therefore, we feel that the percentage of disability can reasonably be fixed at 20%. Multiplier adopted by the Tribunal as 16 is not seriously challenged. Thus, calculated for the disability caused, the claimant is entitled to a compensation of Rs.1,15,200/- (Rs.3,000/- x 12 x 16 x 20%). The claimant is entitled to an additional compensation of Rs.80,640/-. MACA 1510/2005 6 11. The Tribunal awarded Rs.15,000/- for pain and suffering endured, which appears to be very low. Taking into consideration the nature of the injuries sustained by him, we feel that a compensation of Rs.20,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 12. In the result, the claimant is found entitled to an additional compensation of Rs.85,640/-. He is entitled to interest @ 9% from the date of petition till realization and proportionate costs. The 3rd respondent Insurance Company shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn