IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 MACA.No. 1253 of 2004() ----------------------- OPMV.179/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): CLAIMANT ----------------------- K.SOMASUNDARAM, AGED 43 YEARS, S/O.D.KUPPUSAMY CHETTIAR, HOUSE NO.12/186, NEAR HOLY FAMILY CONVENT, KOOVAPADAM, COCHIN-2. BY ADV. SRI.R.SUDHISH SMT.MANJU SUDHISH RESPONDENT(S): RESPONDENTS --------------- 1. MRS.TREASA ANTONY, W/O.ANTONY VARGHESE, 1/1171, NORTH THAMARAPARAMBU, COCHIN-11. 2. K.T.JOSEPH, S/O.K.V.THOMAS, 11/467, PATTALAM, COCHIN-1. 3. UNITED INDIA INSURANCE COMPANY LIMITED, BY ITS REGIONAL MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, COCHIN-11. ADV. SRI.N.S.MOHAMMED USMAN THIS MOTOR ACCIDENTS CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A No.1253 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2010 JUDGMENT Barkath Ali, J. The appellant is the claim petitioner in O.P.(MV)No.179/1996 of Motor Accidents Claims Tribunal, Ernakulam. He challenges the award of the Tribunal granting a compensation of Rs. 1,19,100/- to him for the loss caused to him on account of the injuries sustained in a motor accident. 2. The facts in brief are these : On August 19, 1995 at about 4.30 p.m., while the claimant was travelling in a car bearing Reg.No.KL 7G.4851 along Bhavani Main road to Bangalore and when it reached near Perumthurai Kanganpalaym Pirivu, the second respondent who was driving the car swerved the vehicle and hit against a tree on the side of the road. The accident occurred due to the rash and negligent driving of the offending car by the second respondent . First respondent is the owner and third respondent is the insurer of the offending vehicle. The claim petitioner MACA.No.1253/2004 Page numbers sustained fracture of both bones of both legs. He claimed a compensation of Rs. 5 lakhs. Before the Tribunal the first respondent, the owner of the car and the second respondent, the driver, remained absent and were set ex parte. The third respondent, the insurer, filed a written statement contending that the petitioner has to prove the negligence on the part of the second respondent and that the amount claimed by him is excessive. 3. The claimant was examined as PW1 and Exts.A1 to A22 were marked on the side of the claimant before the Tribunal. No evidence was adduced on the side of the respondents. 4. The Tribunal on an appreciation of evidence found that the claimant is entitled to a compensation of Rs. 1,19,100/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. It is not disputed that the accident occurred due to the rash and negligent driving of the offending vehicle by the second respondent, the driver and that the said vehicle was covered by a valid insurance policy with the third respondent company. Therefore the MACA.No.1253/2004 Page numbers only point which arises for consideration is whether the compensation awarded by the Tribunal is fair and reasonable ? 6. The Tribunal awarded a compensation of Rs. 2,000/- for transport to hospital, Rs. 500/- for damage to clothings, Rs.500/- for extra nourishment, Rs. 500/- for attendant expenses and Rs. 19,000/- for medical and treatment expenses. Towards loss of earnings, Rs. 6000/- was awarded @ Rs. 1500/- per mensum for four months. The Tribunal awarded Rs. 15000/- for pain and sufferings and Rs. 8,000/- for loss of amenities. For physical disability, a compensation of Rs. 5000/- was awarded. For loss of earning power, Rs. 57600/- was awarded by taking into account his monthly income as Rs. 1500/- per mensum and adopting a multiplier of 16 for a disability of 20%. For shortened expectation of life, Rs. 5000/- was awarded. 7. Counsel for the appellant argued that the monthly income of Rs. 1500/- taken by the Tribunal is too low and that as a coolie he used to earn Rs. 5000/- per month and that he was aged 37 at the time of accident. Taking into account the fact that he was aged 37 only and he was working as a coolie, we feel that his monthly income can be MACA.No.1253/2004 Page numbers reasonably estimated at Rs. 2000/- per mensum. His disability was assessed at 20% as seen from Ext.A22 disability certificate issued from the General Hospital, Ernakulam. Thus, for the disability caused and loss of earning power , the appellant would be entitled to Rs. 76800/- i.e. Rs. 2000/- x 12 x 16 x 20%. Thus, on this count, he is entitled to an additional compensation of Rs. 19,200/-. 8. The appellant suffered fracture of both bones of both legs. Further the accident occurred in Perumdurai Kanganpalayam Pirivu in Erode district. Therefore, towards expenses incurred for transport to hospital, we feel that a compensation of Rs. 5000/- would be adequate. He was in the hospital for 18 days as seen from Ext.A8 discharge summary issued from the hospital. Therefore, we feel that towards extra nourishment, a compensation of Rs. 2500/- and towards attendant expenses, a compensation of Rs. 1500/- would be reasonable. Towards, loss of earnings, he is entitled to Rs. 8000/- i.e. Rs. 2000/- per mensum for four months. Towards, loss of amenities and enjoyment of life, we feel that a compensation of Rs. 10,000/- would be adequate. Regarding other aspects, we are not disturbing the finding of MACA.No.1253/2004 Page numbers the Tribunal. Thus the appellant is entitled to a total compensation of Rs. 1,48,300/- i.e. an additional compensation of Rs. 29,200/-. In the result, the appeal is allowed in part. The appellant is found entitled to an additional compensation of Rs. 29,200/-. He is entitled to interest @ 9% per Annum from 20-12-1995 till realisation with proportionate costs. The third respondent shall deposit the award amount within one month from today before the Tribunal. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1253/2004 Page numbers