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 8TH MARCH 2010 / 17TH PHALGUNA 1931 MACA.No. 463 of 2005() ---------------------- OPMV.609/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT-PETITIONER ---------------------------------- SHAJI.K.THANKAPPAN, KANJIRATHUNKAL HOUSE, VAZHAVARA P.O., KATTAPPANA, IDUKKI DT. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENT(S): RESPONDENTS --------------- 1. DAISABAN, ARAPPOZHIKKARA HOUSE, OTTALLOOR P.O., THODUPUZHA. 2. K.J.GEORGE, KARIVELIL HOUSE, VAZHAVARA P.O., KATTAPPANA. 3. NATIONAL INSURANCE CO.LTD., THODUPUZHA. ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.463 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.609/2001 of Motor Accidents Claims Tribunal, Thodupuzha challenges the judgment and award of the Tribunal dated August 23, 2004 awarding a compensation of Rs. 1,22,310/- for the loss caused to him on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal in brief are these : The claimant was a driver and used to earn Rs. 4,500/- per month, according to the claimant. On April 15, 2001 at about 4.45 p.m., the claimant was driving his jeep bearing Reg.No.KL-6-369. When he reached at a place called Vazhavara, a bus bearing Reg.No.KL.6/6255 came at a high speed from the opposite side and dashed against the jeep of the claimant. The claimant sustained serious injuries. According to the claimant, accident occurred due to the rash and negligent driving of MACA.No.463/2005 2 the offending bus by second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending bus are jointly and severally liable to pay compensation to the claimant. Claimant claimed a compensation of Rs. 5 lakhs. 3. First respondent, the owner of the offending bus remaind absent and was set ex-parte by the Tribunal. The second respondent, the driver of the offending bus though entered appearance, did not file any written statement. The third respondent the insurer of the offending bus filed a written statement admitting the policy, but contending that the accident occurred due to the negligence on part of the claimant. 4. Exts.A1 to A11 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 second respondent and awarded a compensation of Rs. 1,22,310/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA.No.463/2005 3 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 second 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 : 1) Lacerated wound over the face. 2) Communited fracture of right frontal bone, orbital, right maxilla and mandible. 3) Right orbital globe (eye ball) was badly damaged. 8. The claimant was laid up in the Medical College Hospital, Kottayam from 15-04-2001 till 10-05-2001. Ext.A5 is the wound certificate. Ext.A6 is the discharge card. Ext.A9 disability certificate issued by the Medical Board shows that he has a disability of 50%. 9. The Tribunal awarded a total compensation of Rs. 1,22,310/-. The break up of the award amount is as under : MACA.No.463/2005 4 Loss of earning -Rs. 2,000/- Transportation expenses -Rs. 2,400/- Damage to clothing -Rs. 250/- Extra nourishment -Rs. 750/- Bystander's expenses -Rs. 2,500/- Treatment expenses -Rs. 2,409/- Pain and suffering & loss of amenities and enjoyment of life -Rs. 15,000/- Disability -Rs. 97,000/- ---------------- Total -Rs. 1,22,309/- Round off to -Rs. 1,22,310/- ========== 10. Counsel for the appellant/claimant mainly disputed the quantum of compensation awarded for the disability caused. The Tribunal took the monthly income of the claimant as Rs. 1500/- and took his disability as 30% and adopted a multiplier of 18 and awarded Rs. 97,000/- for the disability caused. The accident happened while the claimant was driving the jeep. Therefore, the case of the claimant that the claimant was a driver by avocation appears to be true. Therefore, MACA.No.463/2005 5 we feel that his monthly income can be reasonably fixed at Rs. 2500/-. Further it is seen from Ext.A9, the disability certificate, copy of which is produced before us for perusal that his vision is affected. The claimant being a driver, we feel that 50% disability assessed by the Medical Board appears to be reasonable and the same can be accepted. The multiplier adopted by the Tribunal as 18 is not seriously disputed. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 2, 70,000/- ( 50% of 2500 x 12 x 18). Thus on this count, the claimant is entitled to an additional compensation of Rs.1,73,000/-. 11. There is another aspect. The Tribunal granted Rs. 2,000/- being the income for one month for loss of earning. The injury sustained by the claimant shows that he must have been disabled for three months. Therefore, he is entitled to a compensation of Rs. 7500/- for loss of earnings @ Rs. 2500/- per month. Therefore, on this count, the claimant is entitled to an additional compensation of Rs. 5,500/-. 12. The Tribunal awarded Rs. 15,000/- for pain and suffering and loss of amenities and enjoyment of life. Taking into consideration MACA.No.463/2005 6 the fact that his vision is affected, we feel that for the loss of amenities and enjoyment of life, a compensation of Rs. 10,000/- can be granted. 13. Thus, the claimant is entitled to an additional compensation of Rs. 1,88,500/-. The Tribunal awarded interest only @ 6% which appears to be very low. Therefore, the claimant is entitled to interest @ 7.5% per annum for the enhanced compensation and also for the amount already awarded 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. MACA.No.463/2005 7