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 20TH AUGUST 2010 / 29TH SRAVANA 1932 MACA.No. 198 of 2005() ------------------------------- OPMV.1403/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT --------------------------------------- JOSE, S/O.POULOSE, KAITHARATH HOUSE, KUTTICHIRA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): --------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. K.D.JAIN, S/O.DEVASSY, KARAKKAL HOUSE, CHUVANNAMANNU P.O., THRISSUR. 3. SAVY, S/O.JOSEPH, PALAPPAKATH HOUSE, KUTTICHIRA P.O. 4. P.C.JOY, S/O.CHAKKU, PANDIPILLY HOUSE, PULINKARA, KUTTICHIRA P.O. 5. MANAGER, UNITED INDIA INSURANCE CO., MUVATTUPUZHA-686 661. ADV. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC FOR R1 SRI.M.A.GEORGE FOR R5 SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: pkk A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------ M.A.C.A. No. 198 OF 2005 -------------------------- DATED THIS THE 20TH DAY OF AUGUST, 2010 J U D G M E N T --------------- Barkath Ali, J. The appellant is the claimant in OP (MV) No.1403/99 on the file of Motor Accidents Claims Tribunal, Irinjalakuda. He sustained the following injuries in a motor accident that occurred on September 30, 1999 at about 10.15 a.m. at Vazhakkumpara on the Thrissur–Palakkad National Highway. a) Head Injury b) Multiple fracture ribs left c) Pneumothorax and surgical emphysema d) Contusion right lung e) lacerated wound right ear,scalp left eye brow and face f) contusion right scapula. 2. The accident happened when the Jeep bearing registration No. KL1 5774 in which the claimant was travelling, collided head on with a K.S.R.T.C bus bearing registration No.KL-15/1896 driven by 2nd respondent. Alleging negligence M.A.C.A. No. 198 OF 2005 2 against 2nd respondent, the claimant filed O.P before the Tribunal under Section 166 of the Motor Vehicles Act claiming a compensation of Rs. 1,50,000/-. 3. Respondents 1 and 2, the Managing Director of the K.S.R.T.C and the driver of the K.S.R.T.C filed separate written statements before the Tribunal attributing negligence on the part of the driver of the Jeep, the 4th respondent. Respondents 3 and 4, the owner and driver of the Jeep in which the claimant was travelling filed a written statement admitting the accident but attributing negligence on the side of the driver of the K.S.R.T.C bus. The 5th respondent, the Insurance Company of the Jeep filed a written statement admitting the policy. 4. This O.P was jointly tried along with other O.Ps filed by the other injured persons and the legal heirs of the deceased in the same accident and a common award was passed. 5. PWs1 to 8 were examined and Exts. A1 to A45 were marked on the side of appellant. On M.A.C.A. No. 198 OF 2005 3 the side of respondent Ext. B1 was marked. On an appreciation of evidence, the Tribunal found that the accident was occurred due to rash and negligent driving of the 2nd respondent, the driver of the K.S.R.T.C bus and awarded a compensation of Rs.62,676/- with interest at 6% per annum from the date of petition till realization and proportionate cost against respondents 1 and 2. The claimant has now come up in appeal challenging quantum of compensation awarded by the Tribunal. 6. Heard the counsel for the appellant and the Standing Counsel for the K.S.R.T.C. 7. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of 2nd respondent is not challenged in this appeal. Therefore, the only question which arise for consideration is whether the claimant is entitled to any enhanced compensation ? 8. The Tribunal awarded a total compensation of Rs.62,676/-. The break up of the compensation awarded is as under: M.A.C.A. No. 198 OF 2005 4 Loss or earnings : Rs. 3000 (for two months) Transport to hospital : Rs. 500 Extra nourishment and : Rs.3400 wages to attendants. Medical expenses : Rs.16,576 Pain and suffering : Rs. 7,000 Loss of amenities and : Rs. 2,500 enjoyment of life Disability caused : Rs.29,700 ----------- Total :Rs. 62,676 ============ 9. The counsel for the appellant sought enhancement of the compensation for the disability caused,for loss of amenities and enjoyment of life and for the pain and suffering endured by the claimant. The Tribunal took the monthly income of the claimant as Rs. 1500/-and took the percentage of disability as 15% as certified by the Doctor in Ext.A13 disability certificate and adopted a multiplier of 11 as the claimant was aged 50 at the time of accident and awarded a compensation of Rs. 29,700/- towards disability caused. As the claimant was a manual labourer, we feel that his monthly income can be reasonably fixed at Rs. 2500/-. Thus calculated, for the disability caused, the claimant is entitled to a compensation of Rs. 49,500/-. M.A.C.A. No. 198 OF 2005 5 Thus,on this count, the appellant/claimant is entitled to an additional compensation of Rs. 19,800/-. 10. The Tribunal awarded a compensation of Rs. 7000/- for the pain and suffering endured which appears to be very low. Taking into consideration the nature of injuries sustained by the appellant, we feel that a compensation of Rs. 10,000/- would be reasonable on this count. Thus, on this count, the appellant is entitled to an additional compensation of Rs.3,000/-. 11. The Tribunal awarded a compensation of Rs. 2,500/- for loss of amenities and enjoyment of life. Having regard to the nature of injuries sustained, we feel that a compensation of Rs. 5000/- would be reasonable on this count. Thus, on this count, the appellant is entitled to an additional compensation of Rs. 2500/-. 12. The Tribunal awarded a compensation of Rs. 3,000/- towards loss of earnings for two months at the rate of Rs. 1500/- per month. As we already fixed the monthly income of the appellant as Rs. M.A.C.A. No. 198 OF 2005 6 2500/-, the appellant is entitled to a compensation of Rs. 5000/- on this count. Thus, on this count, the appellant is entitled to an additional compensation of Rs.2,000/-. 13. As regards, the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 14. In the result, the appellant is entitled to an additional compensation of Rs.27,300/-. The tribunal awarded interest at the rate of 6% per annum which appears to be very low. Therefore, the claimant is entitled to interest at the rate of 7.5% per annum on the compensation already awarded as well as on the enhanced compensation from the date of petition till realization and proportionate cost. The 2nd respondent, being the driver of the offending K.S.R.T.C bus, the 1st respondent, is liable to pay the compensation to the appellant and the 1st respondent shall deposit the amount before the Tribunal within two months from the date of receipt M.A.C.A. No. 198 OF 2005 7 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 PKK