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 11TH JUNE 2010 / 21ST JYAISTHA 1932 MACA.No. 990 of 2004(D) ----------------------- OPMV.2120/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- ANTO, S/O. VARGHESE, RESIDING AT KANNANAIKKAL HOUSE, P.O. OLARIKKARA, PULLAZHI, THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SMT.G.GEETHISHA RESPONDENT(S): RESPONDENT: -------------------------- 1. THE MANAGING DIRECTOR, K.S.R.T.C. CORPORATION, THIRUVANANTHAPURAM. 2. RAJESH KUMAR. P., S/O. RAVUNNI, RESIDING AT CHANDURITHIYIL HOUSE, MAMBAD VILLAGE, NILAMBUR, MALAPURAM ( deleted) 3. THE NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, P.B.NO.434, ST. JOSEPH BUILDING VAZHUTHAKKAD, TRIVANDRUM-14. (Respondent No.2 deleted from the party array at the risk of the appellant as per order dated 29-9-2009 in I.A.No.2683/2009) ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC FOR R1 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.990 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th 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.2120/2000 of Motor Accidents Claims Tribunal, Thrissur challenges the judgment and award of the Tribunal dated November 6, 2003 awarding a compensation of Rs. 2,58,800/- for the loss caused to him on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal in brief are these : The claimant was a bus driver aged 31 at the time of the accident and used to earn Rs. 5,000/- per month, according to him. On June 14, 2000 at about 10.45 a.m., the claimant was driving the jeep bearing Reg.No.KL-15/3601 along Swaraj Round, Thrissur. At that time a KSRTC bus bearing Reg.No.KL-15/3601 driven by the second respondent came at a high speed and dashed against the jeep. The claimant sustained serious injuries. According to the claimant, accident MACA.No.990/04 2 occurred due to the rash and negligent driving of the offending bus by second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending bus are jointly and severally liable to pay compensation to the claimant. Claimant claimed a compensation of Rs. 6 lakhs. 3. Respondents 1 and 2, the owner and driver of the offending bus remained absent and were set ex-parte by the Tribunal. The third respondent, the insurer of the offending bus, filed a written statement admitting the policy and further contended that there was also negligence on the part of the claimant. 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 third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending bus by second respondent and awarded a compensation of Rs. 2,58,800/- with interest @ 6% per annum from the date of petition till realisation. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA.No.990/04 3 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.A3, copy of the wound certificate issued from Medical College Hospital, Thrissur and Ext.A7, discharge card, issued from the said hospital : Cerebral concussion, facial laceration with soft issue loss on the right side, fracture of right zygoma, fracture of lateral and medial orbital walls, injury to right eye ball, long contusion/aspiration on the right side and fracture of right 1st, 7th , 8th and 9th ribs. 8. As a result of the injury sustained, his vision to the right eye was affected as shown in Ext.A8 Medical report. MACA.No.990/04 4 9. Ext.A9 certificate issued by Ophthalmologist shows that he has a visual disability of 30%. Ext.A9(a) certificate issued by the Medical Officer Aravind Eye Hospital, Coimbatore shows that he has lost his vision of the right eye. 10. The Tribunal awarded a total compensation of Rs.2,58,800/-. The break up of the compensation awarded is as under : Loss of earnings - Rs. 8,000/- Transport to hospital - Rs. 4,000/- Extra nourishment - Rs. 2,000/- Damage to clothing - Rs. 300/- Treatment expenses - Rs. 67,000/- Pain and suffering - Rs. 20,000/- Disability - Rs. 1,27,500/- Loss of amenities - Rs. 30,000/- 11. Counsel for the claimant sought enhancement of compensation for the disability caused. The Tribunal took the monthly income of the claimant as Rs. 2500/- and took the disability as 25% and adopted a multiplier of 17 and awarded Rs. 1,27,500/- for the disability caused and for the consequential loss of earning power. The claimant being a bus driver aged 31, the monthly income of the claimant taken as Rs. 2500/- by the Tribunal appears to be reasonable. The Tribunal did not give any reason for reducing the percentage of disability to MACA.No.990/04 5 25%. As the claimant has lost vision of right eye, we feel that the percentage of disability mentioned in Ext.A9 can be accepted which is 30%. The multiplier adopted by the Tribunal is not seriously challenged. Thus for the disability caused, claimant is entitled to a compensation of Rs. 1,53,000/- ( 30% x 2500 x 12 x 17). Thus on this count, claimant is entitled to an additional compensation of Rs. 25,500/-. 12. The Tribunal awarded Rs. 8,000/- for loss of earning power for four months @ Rs. 2000/- per month. We have found that the monthly income of the claimant can be taken as Rs.2500/-. Therefore, for the loss of earnings the claimant is entitled to a compensation of Rs. 10,000/-. Thus on this count, the claimant is entitled to an additional compensation of Rs. 2,000/-. 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 interest at the rate of 6% per annum which appears to be very low. The claimant is entitled to interest @ 7.5% per annum from the date of MACA.No.990/04 6 petition till realisation for the compensation already awarded and for the enhanced compensation. 14. In the result, the claimant is entitled to an additional compensation of Rs. 27,500/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and 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.990/04 7