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 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 MACA.No. 1141 of 2004() ----------------------- OPMV.1586/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT(S): APPELLANT/CLAIMANT. --------------------------------- MANIYAN, S/O.MATHAI, KARINCHAVAYAL, CHETHUTHOPPU VEEDU, CHITTATTUMUKKU P.O. VIA, KANIYAPURAM, THIRUVANANTHAPURAM DIST. BY ADV. SRI.NAGARAJ NARAYANAN SRI.NAIR AJAY KRISHNAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.A.S.SABU RESPONDENT(S): RESPONDENTS. --------------------------- 1. HAJI ABDUL AZEEZ, S/O.MUHAMMED HANEEFA, AZEEZ MANZIL, KANAYAKULANGARA, THIRUVANANTHAPURAM DISTRICT. 2. NAZEER, S/O.LATHEEF, PERALAKKADU, MUKKALIL PUTHUVALPUTHEN VEEDU, MUTTAKKAVU KUTHIRAKULAM P.O. VEMBAYAM, THIRUVANANTHAPURAM. 3. ABDUL KAREEM, S/O,.AHAMMED, ELLICKAL PURAYIDOM, VATTAYAL WARD, ALAPPUZHA. 4. FAIZAL, S/O.SHUKKOOR, HARIS MANZIL, VATTAYAL WARD, ALAPPUZHA. 5. M/S.UNITED INDIA INSURANCE COMPANY LTD. DIVISIONAL OFFICE, NO.II, MALANKARA BUILDING, V.J.T HALL ROAD, PALAYAM, THIRUVANANTHAPURAM. ADV. SRI.R.T.PRADEEP FOR R1 SRI.V.VIJULAL FOR R1 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1141 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of September, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1586/1999 on the file of Motor Accidents Claims Tribunal, Attingal. He sustained the following injuries in a motor accident that occurred on August 20, 1999 at about 6.a.m.: i) Type III B compound fracture both bones of right leg. Treated with external fixation followed by skin grafting and application of long leg cast. ii) Crush injury lower half of right leg, exposing the fractured bones, muscles, tendons and bleeding vessels. iii) Lacerated wound of 2 cm. x 1 cm. x ½ cm. size left side of upper leg. iv) Multiple abrasions of varying sizes over the middle 3rd of left leg. 2. The accident happened while the lorry bearing Reg.No.Kl- 1/E 4239 in which the claimant was travelling as a cleaner dashed against the back side of the lorry bearing Reg.No.KL04/D 340 which was proceeding in front stopped without showing any signal. Alleging MACA.No.1141/2004 2 negligence against respondents 2 and 4, the drivers of both the vehicles, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 3,00,000/-. 3. Since no steps was taken against the second respondent, the O.P. was dismissed against him. Respondents 1, 3, 4, the owners of the offending vehicles and the driver of the lorry bearing Reg.No.KL- 04/D/340 remained absent before the Tribunal. The fifth respondent, the insurer of both the vehicles, admitted the policy of the vehicles. 4. PW1 was examined and Exts.A1 to A10 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting fifth respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the negligence of both the drivers and awarded a compensation of Rs. 87,570/- with interest @ 9% per annum from the date of petition till realisation against respondents 1 to 5. 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. MACA.No.1141/2004 3 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of both the drivers of the vehicles 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 break up of the compensation awarded is as under : Loss of income - Rs. 16,000/- Transport to hospital - Rs. 2,000/- Extra nourishment - Rs. 2,000/- Damage to clothing - Rs. 250/- Medicines - Rs. 3,000/- Bystander's exp. - Rs. 3,000/- Pain and suffering - Rs. 15,000/- Disability - Rs. 34,320/- Loss of amenities and enjoyment in life - Rs. 12,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused. 9. The Tribunal took the monthly income of the claimant as Rs.2,000/- and took the percentage of disability as 11% and adopted a multiplier of 13 and awarded Rs. 34,320/- for the disability caused. According to the claimant, he is a head load worker/cleaner by profession. Taking into consideration the above aspect, we feel that the MACA.No.1141/2004 4 monthly income of the claimant can be reasonably fixed at Rs. 3,000/-. The percentage of disability taken by the Tribunal as 11% as certified by the Doctor in Ext.A9 and the multiplier adopted as 13 are not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 51,480/- ( 11% x 3000 x 12 x 13). Thus on this count, the claimant is entitled to an additional compensation of Rs.17,160/-. 10. There is another aspect in this case. The Tribunal awarded Rs. 16,000/- towards loss of earnings for eight months @ Rs. 2,000/- per month. As we have fixed the monthly income of the claimant as Rs. 3,000/- , he is entitled to a compensation of Rs. 24,000/- towards loss of earnings for eight months. Thus on this count, the claimant is entitled to an additional compensation of Rs. 8,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 11. In the result, the claimant is entitled to an additional compensation of Rs. 25,160/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. MACA.No.1141/2004 5 The fifth 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.1141/2004 6