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 FEBRUARY 2011 / 22ND MAGHA 1932 MACA.No. 2045 of 2005(Y) ------------------------ OPMV.502/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER IN OP(MV) -------------------------------------------- SALEENA ABDULLA, D/O.M.P.MOIDU, 38 YEARS SALEENAS, OPP: VICTORIA MILL, KANNETHUNCHAL, KANNUR-6. BY ADV. SRI.V.R.KESAVA KAIMAL RESPONDENT(S): RESPONDENTS -------------------------- 1. P.V.BABU, S/O.NARAYANAN, CHALIL, AZHOKODE P.O. 2. K.P.ABDULLA, S/O. ABDUL KHADER HAJI, KANNETHUMCHAL, KANNUR-6. 3. NATIONAL INSURANCE CO LTD., DIVISIONAL OFFICE, BANK ROAD, KANNUR-1. 4. A.T.ABDUL JABBAR, S/O.MOIDEEN, 30 YEARS,ANAKKARAN THAYYIL HOUSE, NEAR FERRY, P.O. PAYANGADI. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2045 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.502/1999 on the file of Motor Accidents Claims Tribunal, Thalassery. In this appeal she challenges the judgment and award of the Tribunal dated May 2, 2005 awarding a compensation of Rs.46,000/- for the loss caused to her on account of the injuries sustained by her in a motor accident. She sustained the following injuries in that accident that occurred on January 10, 1998 at about 11 a.m. : Wound on right eye lid, sutured wound on the right side of forehead and left leg. X-ray revealed fracture on the left tibia and fibula. 2. The accident happened while the claimant was travelling in the car bearing Reg.No.KL 13/A 9398 driven by the first respondent from Kannur to Taliparamba. When the car reached near Kayur Petrol Pump, Valapattanam, due to the negligence of the first respondent, the car dashed against another car bearing Reg.No.KRN 1386 driven by the MACA.No.2045/2005 2 fourth 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. 2,00,000/-. 3. Respondents 1 to 3 are the driver, owner and insurer of the car bearing Reg.No. KL 13/A 9398. Fourth respondent is the owner- cum-driver of the car bearing Reg.No. KRN 1386. Respondents 1, 2 and 4 remained absent before the Tribunal. The third respondent, the insurer of the offending car filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A13 were marked on the side of the claimant before the Tribunal. Ext.B1 was marked on the side of 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 car by first respondent and awarded a compensation of Rs. 46,000/- with interest @ 9% per annum from the date of petition till realisation and proportionate cost. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA.No.2045/2005 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 first 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.46,000/-. The break up of the compensation amount awarded is as under: Loss of earnings -Rs. 3,750/- Transportation -Rs. 3,000/- Medical expenses - Rs. 22,857/- Extra nourishment - Rs. 3,000/- Bystander expenses - Rs. 2,200/- Future treatment - Rs. 3,000/- Pain and suffering - Rs. 8,000/- 8. Counsel for the claimant pointed out that the Tribunal did not award any compensation for the alleged disability caused to the claimant. 9. In Ext.A10, the certificate of disability, the doctor has certified that the claimant has suffered a disability of 10%. Taking into MACA.No.2045/2005 4 consideration the nature of the injury sustained by the claimant and the disability caused to her, we feel that the percentage of disability assessed by the doctor in Ext.A10 is reasonable and that the claimant is entitled to compensation for the disability caused. The Tribunal took the monthly income of the claimant as Rs.1,250/-. According to the claimant, she used to earn Rs.3,000/- per month as a Tailor. Ext.A12 is the Course Certificate of Tailoring issued to the claimant. Therefore, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 1,750/-. As the claimant was aged 37, a multiplier of 16 would be reasonable in this case. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 33,600/- ( 10% x 1750 x 12 x 16). As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 10. In the result, the claimant is found entitled to an additional compensation of Rs. 33,600/-. She is entitled to interest @ 9% per MACA.No.2045/2005 5 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.2045/2005 6