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 9TH FEBRUARY 2011 / 20TH MAGHA 1932 MACA.No. 2572 of 2008() ----------------------- OPMV.525/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/ PETITIONER ------------------------ MOHAMMED, S/O HAMEED RAWTHER, KOLLAMPARAMBIL HOUSE, MANDHAKKUNNU BHAGAM, ERATTUPETTA, KOTTAYAM DIST. BY ADV. SRI.VINOD KUMAR.C SRI.K.K.DHEERENDRAKRISHNAN RESPONDENTS/ RESPONDENTS -------------------------- 1. ANILKUMAR @ ANISH, S/O MANI, PUTHENPURACKAL HOUSE, VARIYANIKKADU, CHEMMALAMATTAM.P.O, KOTTAYAM DIST. 2. SHAJAHAN, S/O SOYAMP, KOORUMULAMTHADATHIL, PUTHENCHANDA, MUNDAKAYAM, KOTTAYAM DISTRICT. 3. THE NATIONAL INSURANCE CO.LTD. REPRESENTED BY THE BRANCH MANAGER, KOLENCHERRY, ERNAKULAM DISTRICT. ADV. SMT.SARAH SALVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2572 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.525/2006 on the file of Motor Accidents Claims Tribunal, Pala. In this appeal he challenges the judgment and award of the Tribunal dated July 18, 2008 awarding a compensation of Rs.2,27,690/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident that occurred on May 3, 2006 at about 7.45 p.m. at Erattupetta : Open fracture both bones of left leg with skin and soft tissue loss. 2. The accident happened while the claimant was walking along Erattupetta-Kanjirappally road towards Mosque for offering Namas, he was knocked down by the autorickshaw bearing Reg.No.KL-5/Q 6993 driven by the first respondent. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 4,50,000/-. MACA.No.2572/08 2 3. Second respondent, the owner of the offending vehicle remained absent before the Tribunal. The first respondent, the driver of the offending vehicle filed a written statement admitting the accident, but attributed negligence to the claimant. The third respondent, the insurer of the offending vehicle filed a written statement admitting the policy. 4. Exts.A1 to A19 and Ext.X1 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 autorickshaw by first respondent and awarded a compensation of Rs. 2,27,690/- with interest @ 9% per annum from the date of petition till realisation and a cost of Rs.4,500/-. 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. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the first MACA.No.2572/08 3 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 Tribunal awarded a total compensation of Rs.2,27,690/-. The break up of the compensation amount awarded is as under: Medical expenses - Rs.1,25,700/- Loss of earnings - Rs. 6,000/- Bystander expenses - Rs. 10,000/- Extra nourishment - Rs. 500/- Damages to clothing - Rs. 250/- Transport to hospital - Rs. 3,000/- Pain and suffering - Rs. 20,000/- Disability - Rs. 42,240/- Loss of amenities - Rs. 20,000/- 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 16% and adopted a multiplier of 11 and awarded Rs. 42,240/- for the disability caused. According to the claimant, he was aged 55 and was doing business in hill produce earning Rs.8,000/- per month. Taking into consideration the above aspect, we feel that the monthly income of the claimant can MACA.No.2572/08 4 be reasonably fixed at Rs. 4,000/-. The percentage of disability as 16% as certified by the Medical Board in Ext.X1 and the multiplier as 11 taken by the Tribunal are not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 84,480/ ( 16% x 4000 x 12 x 11). Thus on this count, the claimant is entitled to an additional compensation of Rs.42,240/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 10. In the result, the claimant is found entitled to an additional compensation of Rs. 42,240/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and 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.2572/08 5 MACA.No.2572/08 6