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 8TH OCTOBER 2010 / 16TH ASWINA 1932 MACA.No. 1874 of 2005(C) ------------------------------------- [O.P(MV).NO.998/1999 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THALASSERY] .................... APPELLANT/PETITIONER: ------------------------------------- PRAMODAN. T., S/O. BALAN, AMBIKA SADAN, KADIRUR, PULLIYODE P.O. KADIRUR. BY ADVS. SRI.M.SASINDRAN, SRI.SREEJITH S.NAIR. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. B.S. MANJUNATHA, NO.77, A.T. STREET, BENNANAHALLY, HOSUR MAIN ROAD, BANGALORE-560 068. 2. K.P. SAJITH, S/O. KRISHNAN, THULASI BHAVAN, P.O. KADIRUR, 3. THE ORIENTAL INSURANCE CO.LTD., KANNUR. R2 BY ADV. SRI.K.V.SOHAN, R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. = = = = = = = = = = = = M.A.C.A.No.1874 of 2005. = = = = = = = = = = = = Dated this the 8th day of October, 2010. J U D G M E N T Barkath Ali, J. Appellant is the claimant in OP(MV)No.998 of 1999 on the file of the Motor Accidents Claims Tribunal, Thalassery. He sustained the following injury in a motor accident that occurred on September 18, 1998 at about 2.00 pm. at Kathiru near Kannur:- “Fracture right Tibia and Fibula.” 2. The accident happened while he was riding his motor cycle bearing registration No.KL-13/B 8069, he was knocked down by a scooter bearing registration No.KA-5/J 9111 driven by the 2nd respondent. Alleging negligence against the 2nd respondent the claimant filed the OP before the Tribunal against respondents 1 to 3 the owner, the driver and the Insurer of the offending scooter claiming a compensation of Rs.5,00,000/-. 3. Respondent No.1 the owner of the offending MACA.No.1874/2005. 2 scooter remained absent before the Tribunal. Respondent No.2 the rider of the offending scooter filed a written statement admitting the accident but, attributing negligence to the claimant. Respondent No.3, the insurer of the offending scooter in the written statement admitted the policy of the offending scooter. 4. The claimant was examined as Pw1 and Exts.A1 to A17 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the respondents. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the second respondent, the rider of the offending scooter and awarded a compensation of Rs.61,000/- with interest @9% per annum from the date of petition till the date of award, ie. December 31, 2001 and thereafter 6% per annum till realisation. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the claimant and the counsel for the Insurance Company. MACA.No.1874/2005. 3 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 2nd 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.61,000/-. The break up of the compensation amount awarded is as under: Loss of earnings : Rs. 14,280.00 Transportation expense : Rs. 1,000.00 Medical expenses including bills : Rs. 22,250.00 Bystanders expense : Rs. 1,600.00 Extra nourishments : Rs. 3,000.00 Pain and sufferings : Rs. 8,000.00 Loss of Amenities : Rs. 10,000.00 ---------------------- Total : Rs. 60,130.00 ---------------------- Rounded to : Rs. 61,000.00 ========= 8. Counsel for the claimant sought enhancement of the compensation towards the disability caused, for pain and suffering and loss of amenities enjoyed in life. The Tribunal did not award any amount for the alleged disability caused by MACA.No.1874/2005. 4 the claimant. Ext.A7 discharge certificate issued by the Orthopedic Surgeon, Medical College Hospital, Kozhikode shows that the claimant has now the following disabilities: “Partial ankylore of right ankle with flexon and extension motion limited to one from 90° ankle to 125° planter flexon.” 9. The total permanent disability was assessed at 5% by the Orthopedic Surgeon in Ext.A7. Therefore, we are of the view that the claimant is entitled to a compensation for the disability caused. The claimant was aged 27 at the time of accident as proved by Ext.A11, the attested copy of the SSLC Book. He is the Managing Partner of M/s.Southern Engineers and Contractors, Kadiroor. Ext.A15 is the attested copy of the partnership deed of the said firm. He is a Diploma holder in Civil Engineering as evidenced by Ext.A16. He was an Income tax assessee. Taking into consideration all these aspects, the Tribunal took the monthly income of the claimant at Rs.4,760/-. For the purpose of computing the quantum of income we feel that the monthly income of the claimant can be reasonably fixed at Rs.4,000/-. As he was MACA.No.1874/2005. 5 aged 27 at the time of accident and as he is still conducting business, we feel that the multiplier of 18 would be reasonable on this count. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.43,200/- (4,000x12x18x5%). 10. The Tribunal awarded Rs.8,000/- for the pain and suffering. Having regard to the nature of the injuries sustained we feel that a compensation of Rs.15,000/- would be reasonable on this count. The Tribunal awarded Rs.10,000/- for loss of amenities in life, which appears to be very low. Taking into consideration the nature of the injuries sustained by the claimant, 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 in this case. 11. There is another aspect in this case. The Tribunal awarded interest @9% from the date of petition till the date of award, dated December 31, 2001 and thereafter 6% per MACA.No.1874/2005. 6 annum till realisation. In the facts and circumstances of the case we feel that the claimant is entitled to interest @7.5% per annum from the date of petition till realisation. Thus, the claimant is found entitled to an additional compensation of Rs.55,200/- with interest at the rate of 7.5% per annum for the compensation already awarded and for the enhanced compensation from the date of petition till realisation and proportionate cost. The 3rd respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the date of receipt of the copy of this judgment. The award of the Tribunal is modified to that extent. In the result, the appeal is disposed of as found above. A.K.BASHEER, Judge. P.Q.BARKATH ALI, Judge. kvs/-