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 8TH MARCH 2010 / 17TH PHALGUNA 1931 MACA.No. 482 of 2004() ---------------------- OPMV.1513/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONER ---------------------------------- RAJAN, S/O.KOCHUDEVASSY, AKKARAPATTIYIKKAL HOUSE, P.O.PURANATTUKARA, THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS -------------------------- 1. PREETHI IQUBAL, D/O.IQBAL AHAMMED, OLD NO.2/179, NEW NO.VIII 256, MALAPUZHA.P.O., PALAKKAD DISTRICT. 2. CHINNAPPAN SELVARAJ, S/O.CHOKKALINGAM PILLAI, ALIGAR MAZIL, BEACH ROAD, THALASSERY, KERALA STATE. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, BRANCH OFFICE, R.S.PURAM BRANCH, 435 D.B. ROAD, R.S.PURAM, COIMBATORE. ADV. SRI.E.R.VENKATESWARAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 482 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 8th day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV) No.1513 of 1999 on the file of the Motor Accidents Claims Tribunal, Thrissur challenges the award of the Tribunal dated 10th July, 2003, awarding a compensation of Rs.3,19,800/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these :- On December 2, 1998 at about 11 p.m. while the claimant was riding a motor cycle bearing registration No. TN-38/F 0639 along the Coimbatore-Avanasi road and reached at Peelamedu, a lorry bearing bearing Registration No. KLC 8840, driven by the second respondent came at a high speed from behind and knocked him down. He sustained severe injuries. According to the claimant, accident occurred due to the rash and negligent driving of the lorry MACA 482/2004 2 by the second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending vehicle are jointly and severally liable to pay compensation to the claimant. The claimant was aged 32 at the time of the accident. He was doing the business of automobile spare-parts and was earning a monthly income of Rs.7,000/-. He has claimed a compensation of Rs.9,44,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending lorry remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending lorry filed a written statement, admitting the policy. 4. Claimant was examined as PW1 and Exts.A1 to A11 were marked on the side of the claimant before the Tribunal. No evidence was adduced by contesting third respondent. The Tribunal on an appreciation of evidence awarded a compensation of Rs.3,19,800/- with interest at 9% per annum from the date of petition till realization. The MACA 482/2004 3 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 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:- 1) Liver injury. 2) Comminuted fracture of left humerus. 3) Head injury. 4) Subarachnoid haemorrhage. 5) Fracture of right parietal bone. Ext.A2 is the copy of wound certificate and Ext.A6 is the discharge summary issued from the K.G. Hospital, Coimbatore. Laparotomy and liver tear repair were done. MACA 482/2004 4 Fracture of left humerus was reduced and fixed with plate and screws. Bone grafting was also done. The claimant was admitted on December 3, 1998 and discharged on December 23, 1998. Ext.A8 series are disability certificates issued by the doctors. The claimant has suffered permanent disability of 10% and neurological disability of 15%. There is also some disfigurement. Taking into consideration all these aspects the Tribunal awarded a total compensation of Rs.3,19,800/-. 8. The break up of the compensation awarded is as under : Loss of earning power : Rs.96,000/- Loss of amenities of life : Rs.30,000/- and disfigurement Expenses for future treatment: Rs. 7,500/- Compensation for pain and : Rs.30,000/- suffering. Medical expenses : Rs.1,35,000/- Damage to clothing etc. : Rs.300/- Extra nourishment : Rs.2,500/- Transportation : Rs.2,500/- Loss of earning capacity : Rs.16,000/- -------------------- Total : Rs.3,19,800/- ======== MACA 482/2004 5 9. The learned counsel for appellant mainly sought enhancement of compensation for the disability caused. The Tribunal took the monthly income of claimant as Rs.2,500/-, took his disability as 20%, adopted a multiplier of 16 and awarded a compensation of Rs.96,000/- for the disability caused and for the consequential loss of earning power. According to the claimant, he was doing some business of automobile spare-parts and earning a monthly income of Rs.7,000/-. No documents were produced by the claimant to prove the same. But, he has testified as PW1 regarding that aspect. Therefore, we are of the view that his monthly income cane be fixed at Rs.3,500/-. He was aged 32 at the time of the accident. Therefore, the proper multiplier would be 17. The per cent age of disability taken by the Tribunal as 20% appears to be reasonable. Thus, calculated for the disability caused and for the consequential loss of earning power the claimant is entitled to 1,42,800/-. Therefore, on this count the claimant is entitled to additional compensation of Rs.46,800/-. Regarding the MACA 482/2004 6 compensation awarded under other heads, we find the same just and proper. 10. In the result, the claimant is found entitled to Rs. 46,800/- as additional compensation. He is entitled to interest @ 9% per annum from the date of petition till realization. The third respondent, being the insurer of the offending vehicle shall deposit the said amount before the Tribunal within two months from the date of receipt of a copy of this judgment. The claimant is entitled to proportionate costs. 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.