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 17TH JANUARY 2011 / 27TH POUSHA 1932 MACA.No. 367 of 2008() ---------------------- OPMV.31/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: ---------------------------------------- K.ABDUL AZEEZ, AGED 30 YEARS, S/O.IBRAHIMKUTTY HAJI, KODANTHODI HOUSE, VAVOOR PO, CHEKODE, VIA CHERUVAYOOR, MALAPPURAM DIST. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): 2ND AND 3RD RESPONDENTS: ------------------------------------------------------------------------- 1. P.HUSSAIN, S/O.ALIKKUTTY HAJI, PARASSERI HOUSE, MUNDUMUZHI, P.O.VAZHAKKAD, MALAPPURAM DISTRICT. 2. UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE II, 2ND FLOOR, SEEMA TOWERS, BANK ROAD, MAVOOR ROAD JUNCTION, CALICUT. R2 BY ADV. SRI.P.SANKARANKUTTY NAIR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 367 of2008 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 17th day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.31 of 2002 on the file of the Motor Accidents Claims Tribunal, Manjeri. In this appeal he challenges the judgment and award of the Tribunal dated December 16, 2005 awarding a compensation of Rs.50,824/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The claimant sustained the following injuries in the accident :- “1) Amputation of 2nd and 3rd toes. 2) Fracture 2, 3, 4 and 5th metatarsals. 3) Severe crush injury (R) foot. 4) Crush injury (R) great toe with loss of nail. 5) Abrasion 15 x 6 cm. (R) forearm. 6) Abrasion 5 x 3 cm. (L) hand. 7) Abrasion 3 x 3 cm. over left knee. 8) Muscle deep lacerated wound 25 x 6 cm. over right thigh. MACA 367/2008 2 3. The accident occurred on March 31, 2001 at about 4.45 p.m. while the claimant was pillion riding on a motor cycle from Edavannappara to Arecode, he was knocked down by a lorry bearing registration No.KL-10E 6495 driven by the 1st respondent. Alleging negligence against the 1st respondent driver of the offending lorry, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.3 lakhs. 4. The 1st respondent, the driver of the offending lorry, filed a written statement admitting the accident but denied the liability. The 2nd respondent owner of the offending lorry remained absent before the Tribunal. The 3rd respondent insurer of the offending lorry filed a written statement admitting the policy. 5. Exts.A1 to A5 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the 1st respondent the driver of the offending lorry and awarded a compensation of Rs.50,824/- with interest @ 6% p.a. from the date of petition till MACA 367/2008 3 realization and a cost of Rs.1,000/-. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 6. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. 7. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the 1st respondent, the driver of the offending lorry is not seriously challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 8. The Tribunal awarded a total compensation of Rs.50,824/-. Break up of the compensation awarded is as under:- Transport to hospital : Rs. 500 Extra nourishment and : Rs. 1,200 bystander's expenses. Medical expenses : Rs.24,374 Pain and suffering : Rs.12,000 Disability : Rs.12,750 ------------------ Total : Rs.50824 ======= 9. The learned counsel for the appellant/claimant sought MACA 367/2008 4 enhancement of compensation for the disability caused, loss of amenities and enjoyment in life and on other heads. 10. The Tribunal took the income of the claimant as Rs.,15,000/- per annum, took the percentage of disability as 5%, adopted a multiplier of 17 and awarded a compensation of Rs. 12,750/- for the disability caused. The claimant was a coolie aged 25 at the time of the accident, according to him. Therefore, we feel that his monthly income can reasonably be fixed at Rs.3,000/-. Percentage of disability as 5% as certified by the doctor in Ext.A2 discharge summary and the multiplier adopted as 17 are not seriously challenged in this appeal. Therefore, for the disability caused, the claimant is entitled to a compensation of Rs.30,600/-. Thus the claimant is entitled to an additional compensation of Rs. 17,850/- on this count. 11. No compensation was awarded by the Tribunal for the loss of amenities and enjoyment in life. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.10,000/- 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 MACA 367/2008 5 not disturbing the same. 12. In the result, the claimant is found entitled to an additional compensation of Rs.27,850/-. The Tribunal awarded interest only @ 6% per annum, which appears to be very low. He is entitled to interest @ 7.5 % per annum from the date of petition till realization for the compensation already awarded by the Tribunal and also for the enhanced compensation. The 3rd respondent shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. 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