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 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 MACA.No. 1241 of 2004() ----------------------- OPMV.305/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- SYAMALADEVI W/O. SASIKUMAR, AGED 45 YEARS, PADINJAREPARAMBIL HOUSE, PERUMALA, KANTHALLOOR VILLAGE. BY ADV. SRI.T.J.MICHAEL SRI.P.NOORSAMEER RESPONDENT(S): RESPONDENTS: --------------------------- 1. P. VANARAJ, S/O. PONNUSWAMY, 133, ADITHYA GONDANAR, AMARAVATHI NAGAR P.O., UDUMBANCHOLLA. 2. M/S. SABARESWAR TRANSPORTS, B-17 GANDHI NAGAR, UDUMALPETTA. 3. UNITED INDIA INSURANCE CO.LTD., MUNNAR. 4. KURIAN ABRAHAM, CHEMBIL HOUSE, PAVUKARA P.O., MANNAR, CHANGANASSERRY. 5. THE NEW INDIA ASSURANCE CO.LTD., CHANGANASSERRY. 6. CHINNAMMA KURIAN, CHEMBIL HOUSE, PAVUKARA P.O., MANNAR, CHANGANASSERRY. ADV. SRI.P.MURALEEDHARAN FOR R5 SRI.C.V.BIMAL ROY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1241 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of September, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.305/1999 on the file of Motor Accidents Claims Tribunal, Thodupuzha. She sustained the following injuries in a motor accident that occurred on September 11, 1998 at about 12.45 p.m. 1. Central fracture dislocation of the right hip. 2. Type III compound fracture of both bones of the right leg. 3. Pressure sore in the right glutal region. 4. Lacerated wound on the right leg. 2. The accident happened while the jeep bearing Reg.No.KL 4/B 5081 in which she was travelling collided head on with the bus bearing Reg.No.TN-41-B-1234 at Munnar on the Aluva-Munnar road. Alleging negligence against the first respondent, the driver of the bus, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 4,00,000/-. 3. Name of the the first respondent was deleted from the party array at the risk of the claimant. The second respondent, the owner of MACA.No.1241/2004 2 the offending bus remained absent before the Tribunal. The third respondent, the insurer of the offending bus filed a written statement admitting the policy and further contended that there was also negligence on the part of the driver of the jeep. Respondents 4 and 5, who are the owner and insurer of the jeep were made formal parties in the O.P. 4. Pws 1 and 2 were examined and Exts.A1 to A11 were marked on the side of the claimant before the Tribunal. On the side of the fifth respondent, Ext.B1 was marked. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the negligence of the first respondent and awarded a compensation of Rs. 87,710/- with interest @ 9% per annum from the date of petition till realisation and proportionate cost against respondents 1 to 3. The 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 the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal MACA.No.1241/2004 3 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 break up of the compensation awarded is as under : Transport to hospital - Rs. 2,000/- Damage to clothing - Rs. 250/- Extra nourishment - Rs. 1,500/- Bystander exp. - Rs. 1,500/- Treatment exp. - Rs. 8,210/- Loss of income - Rs. 7,500/- Pain and suffering - Rs.15,000/- Loss of amenities - Rs. 3,000/- Disability - Rs .48,750/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused, for loss of amenities and enjoyment of life and for pain and suffering endured. 9. The Tribunal took the monthly income of the claimant as Rs.1,250/-, took the percentage of disability as 25%, adopted a multiplier of 13 and awarded Rs.48,750/- for the disability caused. Claimant is a lady aged 45 at the time of the accident. The monthly income taken as Rs.1250/- by th Tribunal appears to be very low. Even as a coolie, she would have earned Rs. 100/- per day. Therefore, we MACA.No.1241/2004 4 feel that the monthly income of the claimant can be reasonably fixed at Rs. 2,000/-. The percentage of disability as 12% taken by the Tribunal appears reasonable in the light of the disabilities noted in Ext.A10, the certificate issued by the Medical Board of District Hospital, Idukki, though it was stated as 45% therein. The multiplier adopted by the Tribunal as 13 appears to be on the lower side. As the claimant was aged 45, we feel that a multiplier of 15 would be reasonable in this case. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 90,000/- ( 25% x 2000 x 12 x 157). Thus on this count, the claimant is entitled to an additional compensation of Rs.41,250/-. 10. The Tribunal awarded Rs. 3,000/- towards loss of amenities and enjoyment 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. 11. The Tribunal awarded Rs. 15,000/- for pain and suffering endured by the claimant which appears to be very low. Having regard to the the nature of the injuries sustained by the claimant, we feel that a MACA.No.1241/2004 5 compensation of Rs.20,000/- would be reasonable on this count. 12. The Tribunal awarded Rs.7,500/- towards loss of earnings for six months @ Rs.1,250/- per month. As we have fixed the monthly income of the claimant as Rs.2,000/-, she will be entitled to a compensation of Rs 12,000/- towards loss of earnings for six months. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 13. In the result, the claimant is found entitled to an additional compensation of Rs. 62,750/-. She is entitled to interest @ 9% per 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.1241/2004 6