IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 MACA.No. 1729 of 2007() ----------------------- OPMV.1194/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLAN/PETITIONER -------------- S.KESAVADAS,S/O.LATE SREDHARAN PILLAI, FORMERLY RESIDING AT PRECOTT COLONY,KANJIKODE, PALAKKAD AND NOW AT VANIYUR LINE,VANIYAMKULAM, OTTAPALAM. BY ADV. SRI.LIJU. M.P RESPONDENTS/RESPONDENTS --------------- 1. ROHIT C.P,S/O.C.RAGHAVA MENON,4/788, SREETHIRUVATHIRA,GANDHI NAGAR,PUDUPPARIYARAM, PALAGHAT,(OWNER OF BIKE NO.KL9M 6135) 2. ANUB K.GEORGE,S/O.KURIAN GEORGE, KOTTAKKAKATHE VEEDU,PAPPADI,DHONI,OLAVAKKODE, PALAKKAD. 3. THE ORIENTAL INSURANCECO.LTD, PB NO.20,SHOBHA,TSM COMPLEX,PALGHAT-1. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1729 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1194/2004 on the file of Motor Accidents Claims Tribunal, Ottapalam. In this appeal, he challenges the judgment and award of the Tribunal dated February 14,2007 awarding a compensation of Rs.1,67,619/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident that occurred on March 29, 2004 at about 11.30 a.m : Fracture of temporal bone,haematoma and temporal subarachnoid haemorrhage. He has ( L) LMN facial palsy and ( R) hemiparasis lower limb. 2. The accident happened while the claimant was walking along the road near Pre Cott Mill Colony Road, Kanjikode, he was knocked down by the motor cycle bearing Reg.No.KL 9M 6138 ridden by the second respondent. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under MACA.No.1729/2007 2 Section 166 of Motor Vehicles Act claiming a compensation of Rs. 3,00,000/-. 3. Respondents 1 and 2, the owner and the rider of the offending motor bike remained absent before the Tribunal. The third respondent, the insurer of the offending motor bike filed a written statement admitting the policy. 4. Pws 1 and 2 were examined and Exts.A1 to A14 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent riding of the offending motor bike by second respondent and awarded a compensation of Rs. 1,67,619/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.2,000/-. 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.1729/2007 3 that the accident occurred due to the negligence on the part of the second 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.1,67,619/-. The break up of the compensation amount awarded is as under: Medical expenses - Rs. 28,969/- Bystander expenses - Rs. 2,250/- Travelling expenses - Rs. 2,000/- Extra nourishment - Rs. 1,500/- Damage to clothes - Rs. 500/- Disability Rs.1,22,400/- Pain and suffering - Rs. 10,000/- 8. Counsel for the claimant argued that the Tribunal went wrong in deducting 1/3 for the personal expenses of the claimant for assessing the compensation for the disability caused. 9. We find force in the above contention. The claimant was aged 33 at the time of accident and was earning Rs.3,000/- per month by working in a lodge. He suffered facial palsy and left hemiparasis. His percentage of disability was assessed by the doctor PW2 at 40%. MACA.No.1729/2007 4 The Tribunal took the monthly income of the claimant as Rs.3,000/- and after deducting 1/3 for his personal expenses, took the balance amount of Rs.2,000/- per month as his monthly income and adopted a multiplier of 17 and took the percentage of disability as 30% and awarded Rs.1,22,400/- for the disability caused. But this being an injury case, the Tribunal is not justified in deducting 1/3 for the personal expenses of the claimant. The entire amount of Rs.3,000/- has to be taken for the purpose of assessing the compensation for the disability caused. The multiplier adopted as 17 and the percentage of disability as 30% adopted by the Tribunal appears reasonable. Thus calculated for the disability caused, claimant is entitled to a compensation of Rs.1,83,600/- ( 3000 x 12 x 17 x 30%) . Thus on this count, the claimant is entitled to an additional compensation of Rs. 61,200/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 10. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum which appears to be very low. The MACA.No.1729/2007 5 claimant is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 61,200/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation 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.1729/2007 6 MACA.No.1729/2007 7