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 26TH MAY 2010 / 5TH JYAISHTA 1932 MACA.No. 624 of 2005() ---------------------- OPMV.2182/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ----------------------------------- KUNJUMALA, W/O. SUNNY POTTANGAYIL, VALIALUMCHUVADU BHAGOM, KUMARANALLOOR. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENT(S): RESPONDENTS --------------- 1. SUNNY @ JOSEPH, POTTANGAYIL, KUMARANALLOOR P.O., KOTTAYAM DL.NO.711/97. 2. THE ORIENTAL INSURANCE CO.LTD., MATTETHARA BULDING, KOTTAYAM, POLICY NO.2001/2423 VALID TILL 8/6/01. ADV. DR.ELIZABETH VARKEY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.624 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of May, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.2182/2000 of Motor Accidents Claims Tribunal, Kottayam challenges the judgment and award of the Tribunal dated January 21, 2004 awarding a compensation of Rs. 44,900/- for the loss caused to her on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal in brief are these : The claimant is a lady tailor aged 36 at the time of the accident. On June 18, 2000, while she was pillion riding on the scooter bearing Reg.No. KL 5H 3102 ridden by the first respondent, it capsized on the road. According to the claimant, accident occurred due to the rash and negligent riding of the offending scooter by first respondent. The claimant sustained serious injuries. First respondent as the owner cum rider of the offending scooter and second respondent as its insurer are MACA.No.624/05 2 jointly and severally liable to pay compensation to the claimant. 3. First respondent as the rider of the offending scooter filed a written statement admitting the accident, but denying the liability. Second respondent, the insurer of the offending scooter, filed a written statement admitting the policy. On the side of the claimant, Exts.A1 to A17 were marked. No evidence was adduced by the respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent riding of the offending scooter by first respondent and awarded a compensation of Rs. 44,900/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the appellant/claimant and the counsel for the Insurance Company. 5. 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 question which arises for consideration is whether the claimant is entitled to any enhanced compensation. MACA.No.624/05 3 6. The claimant sustained fracture of both bones of right forearm which is evidenced by Ext.A6, the copy of the wound certificate and Ext.A7, the discharge card. Ext.A10, the certificate of disability issued by the doctor shows that claimant has suffered a disability of 14%. 7. The Tribunal awarded a total compensation of Rs.44,900/-. The break up of the compensation awarded is as under : Loss of earnings - Rs. 9,000/- Treatment expenses - Rs. 5,000/- Bystander's expenses & transportation expenses - Rs. 1,500/- Loss of amenities - Rs. 5,000/- Pain and suffering - Rs. 10,000/- Disability caused - Rs. 14,400/- ------------------ Total - Rs. 44,900/- ========= 8. Counsel for the claimant sought enhancement of compensation for the disability caused and for loss of earnings. The Tribunal took the monthly income of the claimant as Rs. 1500/- and adopted a multiplier of 16 and took the percentage of disability as 5% and awarded Rs. 14,400/- for the disability caused. Taking into consideration the fact that the claimant was a lady tailor aged 36, we MACA.No.624/05 4 feel that her 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. Thus calculated 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. 5,200/-. 9. Towards loss of earnings, Rs.9,000/- was awarded by the Tribunal i.e. for six months @ Rs. 1500/- per month. As we have fixed the monthly income of the claimant as Rs.2,000/-, she is entitled to a compensation of Rs. 12,000/- towards loss of earnings. Thus on this count, she 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. 10. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum which appears to be very low. We are of the view that interest at the rate of 7.5% per annum would be reasonable in this case. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation MACA.No.624/05 5 already awarded and for the enhanced compensation. She is also entitled to proportionate cost. The second 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.624/05 6