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 28TH JUNE 2010 / 7TH ASHADHA 1932 MACA.No. 964 of 2004() ---------------------- OPMV.1584/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- VINOD, S/O.GOPALAKRISHNAN, SELVI NIVAS, THIRUMALA WARD, ALAPPUZHA. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S): RESPONDENT ------------------------- 1. HAJI.N.K.ABDEEN, S/O.KUNJU KHAER, MANAGING PARTNER, M/S.HAJI.N.K.ABDEEL, JEWS STREET, ERNAKULAM. 2. MUHAMMAED KUNJU, S/O.KUTTY, KOLOTHINKADAVU VEEDU, WARD NO.13, THRIKKAKKARA, KAKKANAD, ERNAKULAM. 3. THE UNITED INDIA INSURANCE COMPANY LTD., ALAPPUZHA. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.964 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th 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.1584/1996 of Motor Accidents Claims Tribunal, Alappuzha challenges the judgment and award of the Tribunal dated June 3, 2003 awarding a compensation of Rs. 50,000/- 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 : The claimant was aged 18 at the time of the accident and was employed as a Gold Smith in Asha Jwellery, Alappuzha. On March 25, 1996 at about 7.30 a.m. near Aiswarya Auditorium, Mullakkal, Alappuzha, claimant was cycling along the side of the road. Claimant in O.P.(MV)No.1583/1996 was pillion riding on the cycle. At that time, a Matador Van bearing Reg.No.K.B.F-486 driven by the second respondent came at a high speed from the opposite side and knocked them down. Claimant as well as the pillion rider sustained serious MACA.No.964/2004 2 injuries. According to the claimant, accident occurred due to the rash and negligent riding of the offending Matador Van by second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending Matador Van are jointly and severally liable to pay compensation to the claimant. Claimant claimed a compensation of Rs. 1,50,000/-. 3. Respondents 1 and 2, the owner and driver of the offending vehicle remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending van filed a written statement admitting the policy, but contended that actually the offending vehicle is a Maruthi car and not the Matador van as alleged by the claimant. 4. This O.P. was jointly tried along with O.P.(MV) No.1583/1996 filed by the pillion rider of the bicycle and a common award was passed. Pws 1 and 2 were examined and Exts.A1 to A17 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 van by second respondent and awarded a compensation of Rs. 50,000/- with MACA.No.964/2004 3 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 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 as revealed from Ext.A5, copy of the wound certificate issued from Medical College Hospital, Alappuzha. Abrasion ( L) foot ( L) knee Lacerated wound chin 3 x 1 cm. Fracture ( R) femur ( L) tibia. 8. Ext.A6 is the discharge card issued from the hospital. Open reduction and 'K' nail fixation was done. Ext.A12, the certificate of disability, shows that the claimant has a permanent disability of 18%. MACA.No.964/2004 4 9. The Tribunal awarded a total compensation of Rs.50,000/-. The break up of the compensation awarded is as under : Loss of earning - Rs. 9,000/- Treatment expenses - Rs. 4,000/- Pain and suffering - Rs. 10,000/- Disability - Rs. 21,000/- Loss of earning power - Rs. 6,000/- 10. Counsel for the claimant sought enhancement of compensation for the disability caused and for loss of earning. 11. The Tribunal took the monthly income of the claimant as Rs.1500/-. Taking into consideration the fact that claimant was a Gold Smith, we feel that his monthly income can be reasonably fixed at Rs. 2,000/-. 12. The Tribunal awarded Rs.9,000/- for loss of earning for six months @ Rs. 1,500/- per month. As we have fixed the monthly income of the claimant as Rs. 2,000/-, the claimant is entitled to a compensation for Rs. 12,000/- towards loss of earning. Thus on this count, the claimant is entitled to an additional compensation of Rs.3,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 13. There is another aspect in this case. The Tribunal awarded MACA.No.964/2004 5 interest only @ 6% per annum which is 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. 14. In the result, the claimant is entitled to an additional compensation of Rs. 3,000/-. 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. He is also entitled to 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.964/2004 6