IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 MACA.No. 88 of 2005() -------------------------------- OPMV.901/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ----------------------------------------- P.MOHANAN, AGED 41 YEARS, S/O. SEKHARAN NAIR, AMBALPPURAYIL HOUSE, P.O.NELLIKODE, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): RESPONDENTS 1 TO 3 ----------------------------------------------------------- 1. C.H.MUHAMMED, CHERIAN HOUSE, AYANIKAD, P.O.IRINGAL, BADAGARA, KOZHIKODE DISTRICT. 2. N.K.NOUSHAD, THAIKANDY HOUSE, P.O.THIKKODI, KOZHIKODE DISTRICT. 3. THE BRANCH MANAGER, NATIONAL INSURANCE CO.LTD., MANUELSONS BUILDING, MUTHALAKKULAM, KOZHIKODE. R3 BY ADV. SRI.LAL GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 88 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 24th November, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No. 901 of 1996 on the file of the Motor Accidents Claims Tribunal, Kozhikode. In this appeal he challenges the judgment and award of the Tribunal dated May 11, 2004 awarding a compensation of Rs.54,500/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on November 17, 1995 at about 4.30 p.m. while the claimant and five others were travelling in a car bearing registration No.KL 11/B 7149 from Kannur to Kozhikode. When they reached at K.A. Bazar the car collided head on with a bus bearing registration No.KL 11/A 7846. Alleging negligence against the drivers of both the vehicles, the claimant filed the Original Petition before the Tribunal under sectio166 of the Motor Vehicles Act claiming a compensation of Rs.4 lakhs. 3. Respondents 1 to 3 in the Original Petition are MACA 88/2005 2 owner, driver and insurer of the bus and respondents 4 and 5 are owner and insurer of the car. Only respondents 3 and 5 contested the matter. They admitted the policy of the respective vehicles. Exts.A1 to A8 and Ext.C1 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 on the part of 2nd respondent, driver of the offending bus, and awarded a compensation of Rs.54,500/- with interest @ 7% p.a. from the date of petition till realization and a cost of Rs.750/- against respondents 1 to 3. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the learned counsel for appellant/claimant and learned counsel for 3rd respondent Insurance Company. 5. 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 seriously challenged in this appeal. Therefore, the only question, which arises for MACA 88/2005 3 consideration, is whether the claimant is entitled to any enhanced compensation. 6. The claimant sustained the following injuries in the accident:- Comminuted fracture of the left acetabulum with left sciatic nerve injury. The Tribunal awarded a total compensation of Rs.54,500/-. Break up of the compensation awarded is as under:- Pain and suffering : Rs.15,000/- Hospital charges, medical : Rs. 8,000/- expenses and bystander's expenses. Incidental expenses including : Rs. 3,000/- transportation charges and expenses for extra nourishment. Treatment expenses : Rs. 2,000/- Loss of earning : Rs.11,500/- Loss of amenities and : Rs.15,000/- inconvenience suffered. ------------------ Total : Rs.54,500/- ======= 7. The learned counsel for the appellant/claimant has mainly sought enhancement of compensation for pain and suffering endured by the claimant and loss of amenities and enjoyment in life. The learned counsel pointed out that no MACA 88/2005 4 compensation was awarded for the disability caused. 8. Ext.C1 certificate issued by the Medical Board of Medical College Hospital, Calicut shows that the claimant has suffered permanent disability of 14%. He has now the following disabilities:- “Weakness of the left knee flexors and ankle dorsiflexors plantar flexors following communited fracture of the left acetabulum with sciatic nerve injury (which has partially recovered) along with terminal restriction of left hip movements and is physically handicapped.” Therefore, we feel that the claimant is entitled to compensation for the disability caused. 9. The claimant was working as a Typist in United India Insurance Company Private Ltd. and was earning a salary of Rs.4,689.62 as evidenced by Ext.A8 salary certificate. Therefore, we feel that his monthly income can reasonably be fixed at Rs.3,000/- for the purpose of assessing compensation for the disability caused. The percentage of disability assessed by the Tribunal as 14% appears to be reasonable. The claimant was aged 41 at the MACA 88/2005 5 time of the accident. Therefore, we feel that multiplier of 8 would be reasonable. Thus for the disability caused, the claimant is entitled to a compensation of Rs.40,320/- (Rs.3,000/- x 12 x 8 x 14%). 10. The Tribunal awarded a compensation of Rs.15,000/- for pain and suffering endured by the claimant, which appears to be very low. Taking into consideration the nature of the injuries sustained by him, we feel that a compensation of Rs.20,000/- would be reasonable on this count. 11. No compensation was awarded by the Tribunal for the loss of amenities and enjoyment in life. Having regard to the nature of the injuries sustained, we feel that a compensation of Rs.20,000/- 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 the same. 12. In the result, the claimant is found entitled to an additional compensation of Rs.65,320/-. He is entitled to MACA 88/2005 6 interest @ 7% per annum from the date of petition till realization. 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