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 4TH FEBRUARY 2010 / 15TH MAGHA 1931 MACA.No. 1260 of 2008() ----------------------- OPMV.67/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ BILLIGIRISHETTY, S/O. CHIKKARANGASHETTY, AGED 31, RESIDING AT BANNITHALAPPURA-1, GUNDALPET TALUK, CHAMARAJA NAGAR. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): RESPONDENTS -------------------------- 1. RANJITH KUMAR, S/O. SREEDHARAN, AGE NOT KNOWN, KORANGAD HOUSE, THAMARASSERY POST, KOZHIKODE. 2. SAJITH, S/O.GOPALAN, AGED 27, RESIDING AT ELAMBILACHERY HOUSE, PALERI POST, KOONIYAD, KUTTIYADI, KOZHIKODE. 3. THE UNITED INDIA INSURANE COMPANY LTD., DIVISIONAL OFFICE, WHITE LINES BUILDINGS., KALLAI ROAD, KOZHIKODE. ADV. SRI.K.SANDESH RAJA FOR R3 SRI.ZUBAIR PULIKKOOL FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No.1260 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2010 JUDGMENT Barkath Ali, J. Challenge in this appeal under Section 173 of Motor Vehicles Act by the claimant is to the quantum of compensation awarded by the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.67/2004 by award dated December 1, 2006 for the loss caused to the claimant on account of the injuries sustained in a motor accident. 2. The facts in brief are this : On November 27, 2003 at about 8.30 P.M., the appellant/claimant was travelling in an auto rickshaw bearing Reg. No.KL-11-1202 from Thamarassery to Ambayathod and at that time another Auto rickshaw bearing Reg.No.KL-11-M-8485 came at a high speed from the opposite side and dashed against the auto rickshaw in which the claimant was travelling. The claimant sustained serious injuries on the head . He has claimed a compensation of Rs. 2 lakhs. 3. Respondents 1 and 2 in the claim petition as well as in this appeal are the owner and driver of the auto rickshaw bearing Reg. MACA.No.1260/08 Page numbers No.KL-11-M-8485 . They remained absent and were set ex parte. The third respondent the insurer of the offending vehicle only contested the claim. 4. Before the Tribunal Exts.A1 to A5 were marked on the side of the claimant . No evidence was adduced on the side of the contesting third respondent. The Tribunal on an appreciation of evidence awarded a compensation of Rs. 55291/-. Dis-satisfied with the compensation awarded by the Tribunal, the claimant has now come up in appeal. 5. The only point which arises for consideration is whether the appellant/claimant is entitled to any enhanced compensation ? 6. The Tribunal awarded the compensation as follows : Disability - Rs. 25,920/- Hospitalisation for 16 days - Rs. 1,600/- Incidental charges - Rs. 800/- Transportation charge - Rs. 500/- Medical treatment - Rs. 5,000/- Medical bill - Rs. 471/- Pain and suffering - Rs. 20,000/- MACA.No.1260/08 Page numbers Disfiguration on face - Rs. 1,000/- ---------------------- Rs. 55,291/- ============ 7. Learned counsel for the appellant argued that the amount awarded by the Tribunal for the disability caused is too low, that the monthly income of the claimant was taken as Rs. 1500/- by the Tribunal which is also very low, that the Tribunal did not award any amount for loss of amenities and enjoyment of life and that the Tribunal awarded only Rs. 471/- toward the medical bill. 8. Learned counsel for the insurance company on the other hand supported the award. 9. The claimant sustained very serious head injuries . We have perused the wound certificate,Ext.A3, Ext.A4 CT scan report and Ext.A2 discharge card, the copy of which were furnished by the counsel for the appellant. The claimant sustained comminuted depressed fracture of fronto parietal bone on left side with displaced fragments and outward hernection of brain matter through the fracture. He was admitted on 27-11-2003 and was discharged on 13/12/2003. In addition to that he had suffered subarachnoid hemorrhage in the form MACA.No.1260/08 Page numbers of blood density in anterior and posterior inter hemispheric fissure. The Tribunal took his monthly income as Rs. 1500/- and adopted a multiplier of 18. The Tribunal fixed the disability caused as 3%. Taking into consideration the nature of the injury sustained and the period of treatment the claimant has undergone and taking into account the fact that the injury was sustained on the head, we feel that the percentage of disability can be assessed at 15%. That apart, even as a coolie , the claimant could have earned Rs. 100/- per day. Therefore, his monthly income can be reasonably fixed at Rs. 2500/-. Thus calculated for the disability caused, the appellant is entitled to a compensation of Rs. 81,000/- ( 15% of 2500 x 12 x 18). Thus on this count, he is entitled to an additional compensation of Rs. 55080/-. 10. For the loss of amenities and enjoyment of life, the Tribunal has not granted any compensation. Having regard to the nature of the injuries sustained and the period of treatment the claimant has undergone, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. 11. He was hospitalised for 16 days for which the Tribunal MACA.No.1260/08 Page numbers awarded Rs. 1600/- . We feel that a compensation of Rs. 7500/- would be reasonable towards expenses incurred at the hospital. Thus on this count, the claimant is entitled to an additional compensation of Rs. 5900/-. 12. The Tribunal has not awarded any compensation for extra nourishment . Taking into consideration the period of treatment the claimant has undergone, we feel that a compensation of Rs. 2,000/- would be reasonable under this head. 13. The appellant has sustained serious injury on the head which caused serious disfigurement. The Tribunal has awarded only Rs. 1,000/- under this count which appears to be very low. Having regard to the fact that the appellant sustained serious disfigurement, we feel that a compensation of Rs. 10,000/- would be reasonable on this count. Thus, on this head, the appellant would be entitled to an additional compensation of Rs. 9000/-. 14. Towards medical bill, the Tribunal awarded only Rs. 471/- which in our view is very low. As he was hospitalised for 16 days, we feel that Rs. 2,500/- would be reasonable on this count. Thus on this MACA.No.1260/08 Page numbers count, he is entitled to an additional compensation of Rs. 2029/-. Thus the appellant is entitled to an additional compensation of Rs. 94,009/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. For the amount already awarded also, he is entitled to interest @ 7.5% per annum. The third respondent shall deposit the amount within one month from this date before the Tribunal. The appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1260/08 Page numbers