IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 MACA.No. 1739 of 2007() ----------------------- (OPMV.883/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI) .................... APPELLANT/ (PETITIONER) --------------------------------------- KARALI PARAMBIL ARUMUGHAN, S/O THAMU, AGED 45 YEARS, KARALI PARAMBIL HOUSE, PALLIKKAL AMSOM, AYIKKARAPPADI P.O., MALAPPURAM DISTRICT. BY ADVS. SRI.K.M.SATHYANATHA MENON SMT.S.SMITHA (PARAKKAL) RESPONDENTS/RESPONDENTS -------------------------------------------- 1. KOTTEKATTIL MAYIN KUTTY, S/O BEERAN, POOCHAL VEEDU, AYIKKARAPADY, P.O.PULIKKAL (DRIVER). 2. ACHARAMBAN MOIDEEN KUTTY, S/O ABDURAHIMAN, KALLARAPALIYIL HOUSE, AYIKKARAPPADI P.O., MALAPPURAM. 3. ORIENTAL INSURANCE COMPANY, JASEELA COMPLEX, NILAMBUR ROAD, MANJERI. R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03.1.2011 , THE COURT ON THE SAME DAY PASSED THE FOLOWING. VK A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1739 of 2007 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 3rd day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No. 833 of 2002 on the file of the Motor Accidents Claims Tribunal, Manjeri. In this appeal he challenges the judgment and award of the Tribunal dated June 8, 2007 awarding a compensation of Rs.1,38,029/- for the loss caused to him on account of the injuries sustained by him in a motor accident 2. The claimant sustained traumatic amputation of right index, middle and ring finger in that accident. The accident happened on October 5, 2001 at about 2.45 p.m. While he was loading a laterite stone cutting machine to the lorry bearing registration No. KL-2F-2397 at Karaliparamba the driver took the lorry forward negligently, as a result of which the machine fell on his right palm and he sustained a crush injury. Three of his fingers were later amputated. Alleging negligence against the 1st respondent driver of the MACA 1739/2007 2 lorry, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.3 lakhs. 3. Though respondents 1 and 2, driver and owner of the offending lorry, entered appearance before the Tribunal did not file any written statement. The 3rd respondent insurer of the offending lorry filed a written statement admitting the policy. Exts.A1 to A7 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the 1st respondent, driver of the offending lorry and awarded a compensation of Rs.1,38,029/- with interest @ 7% p.a. from the date of petition till realization. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the learned counsel for the claimant and the learned counsel for the Insurance Company. 5. The accident is not disputed. The finding of the MACA 1739/2007 3 Tribunal that the accident occurred due to the negligence of the 1st respondent is not seriously challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 6. The Tribunal awarded a total compensation of Rs.1,38,029/-. Break up of the compensation awarded is as under:- Transport to hospital : Rs. 500 Damage to clothing : Rs. 250 For review (6 months) : Rs. 600 Loss of earning : Rs. Medical bill : Rs. 719 Pain and suffering : Rs. 12,000 Future treatment : Rs. 5,000 Loss of income for 8 months : Rs. 16,000 Disability : Rs.1,02,960 ------------------ Total : Rs.1,38,029 ======= 7. The learned counsel for the appellant/claimant sought enhancement of compensation for the disability caused and for the pain and suffering endured. The learned counsel pointed out that no compensation was awarded MACA 1739/2007 4 towards loss of amenities and enjoyment in life. 8. The Tribunal took the monthly income of the claimant as Rs.2,000/-, took the percentage of disability as 33% as shown in Schedule I Part II of the Workmen's Compensation Act, adopted multiplier of 13 and awarded a compensation of Rs.1,02,960/- for the disability caused. Taking into consideration the fact that the claimant was a Head load worker, we feel that his monthly income can reasonably be fixed at Rs.2,500/- per month. Percentage of disability assessed by the Tribunal as 33% and multiplier adopted as 13 are not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.1,28,700/-. Thus, the claimant is entitled to an additional compensation of Rs.25,740/- on this count. 9. The Tribunal awarded Rs.12,000/- for pain and suffering endured by the claimant. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.20,000/- would be reasonable on this count. MACA 1739/2007 5 10. The Tribunal did not award any compensation for the loss of amenities and enjoyment in life. The claimant has lost three of his fingers. Therefore, we feel that a compensation of Rs.15,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 11. In the result, the claimant is found entitled to an additional compensation of Rs.48,740/- with interest @ 7% per annum from the date of petition till realization. The 3rd respondent Insurance Company shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. 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. mn