IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 MACA.No. 1108 of 2004() ----------------------- OPMV.646/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- SURESH S/O. RAMAKRISHNAN, AGED 20 YEARS NIRAVATHU HOUSE, WEST KODIKULAM KARA, KODIKULAM VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENT(S): RESPONDENTS -------------------------- 1. HARIDAS S/O. THANKAPPAN, KAITIYANICKAL HOUSE, WEST KODIKULAM, THODUPUZHA. 2. SIJU GEORGE, S/O. GEORGE, CHELAPURATHU HOUSE, MUTHALAKODAM P.O., THODUPUZHA. 3. THE ORIENTAL INSURANCE CO.LTD., THODUPUZHA. ADV. DR.ELIZABETH VARKEY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSIONON 04/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1108 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of August, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.646/2001 on the file of Motor Accidents Claims Tribunal, Muvattupuzha. He sustained the following injuries in a motor accident that occurred on February 4, 2001 at about 4.30 p.m. at Vengalloor on the Thodupuzha- Muvattupuzha road ; Communited sub trochanteric fracture of right femur. Pain and swelling and deformity of right thigh. 2. The accident happened while the claimant was pillion riding on a motor cycle, the rider of the motor cycle suddenly applied the brake as a result of which he fell on the road and sustained the injuries. The claimant filed the O.P. under Section 166 of the Motor Vehicles Act alleging negligence against the first respondent, the rider of the motor cycle and claiming a compensation of Rs. 1,72,000/- against respondents 1 to 3, the rider, owner and insurer of the offending motor cycle. MACA.No.1108/2004 2 3. Respondents 1 and 2, the rider and the owner of the motor cycle respectively though entered appearance before the Tribunal,did not file any written statement. The third respondent, Insurer of the offending motor cycle, filed a written statement admitting the policy. 4. Exts.A1 to A9 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence on the part of the first respondent, the rider of the offending motor cycle and awarded a compensation of Rs. 39,710/- 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 MACA.No.1108/2004 3 question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The break up of the compensation awarded by the Tribunal is as under : Loss of earning - Rs. 6,000/- Transportation expenses - Rs. 250/- Extra nourishment - Rs. 500/- Damage to clothing - Rs. 250/- Bystander expenses - Rs. 750/- Medical expenses - Rs. 16,954/- Pain and suffering - Rs. 12,000/- Removal of implants - Rs. 3,000/- 8. Counsel for the claimant pointed out that no compensation was awarded by the Tribunal for the loss of amenities and enjoyment in life and for the disability caused as in Ext.A8, the certificate of disability, the doctor has certified that claimant has suffered a disability of 15%. 9. The Tribunal took the monthly income of the claimant as only Rs. 2000/-. As the claimant claims to be a Carpenter, we feel that his monthly income can be reasonably fixed at Rs.2,500/-. Taking into consideration the nature of the disability suffered by the claimant, we feel that the percentage of disability can be assessed at 7%. The MACA.No.1108/2004 4 claimant was aged 20 at the time of the accident. Therefore, we feel that a multiplier of 17 would be reasonable in this case. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 35,700/- ( 7% x 2500 x 12 x 17). 10. For the loss of amenities and enjoyment in life, no compensation was awarded by the Tribunal. Taking into consideration the nature of the injury sustained by the claimant, we feel that for the loss of amenities and enjoyment in life, a compensation of Rs. 15,000/- would be reasonable. 11. The Tribunal awarded Rs.6,000/- towards loss of income 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.7,500/- towards loss of income for six months. Thus on this count, the claimant is entitled to an additional compensation of Rs.1,500/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 12. There is another aspect in this case. The Tribunal awarded MACA.No.1108/2004 5 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. 13. In the result, the claimant is found entitled to an additional compensation of Rs. 52,200/-. 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 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. MACA.No.1108/2004 6 MACA.No.1108/2004 7 MACA.No.1108/2004 8 MACA.No.1108/2004 9