IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 MACA.No. 1890 of 2008() ----------------------- OPMV.1946/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER -------------- GANGADHARAN NAIR, AGED 50 YEARS, S/O.APPU NAIR, CHOLAKKARA HOUSE, KOMMERI POST, KOZHIKODE. BY ADV. SRI.V.S.CHANDRASEKHARAN SRI.T.PRAVEEN RESPONDENTS/RESPONDENTS --------------- 1. RAHUL KRISHNAN, S/O.MADHAVAN MENOKI AGE NOT KNOWN, KONKINALIL HOUSE, 6/244, PADINHATTUMURI, KAKKODI POST, KOZHIKODE. 2. THE NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, P.B.NO.811, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. ADV. SRI.T.G.RAJENDRAN FOR R1 SRI.E.M.JOSEPH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1890 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1946/2004 on the file of Principal Motor Accidents Claims Tribunal, Kozhikode. In this appeal he challenges the judgment and award of the Tribunal dated January 5, 2007 awarding a compensation of Rs.35,204/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injury in the accident : Multiple abrasions over left leg and hand. X-ray revealed fracture of shaft of femur left. 2. The accident occurred on February 2, 2004. While the claimant was riding his bycyle from Pottammel to Kommeri, he was knocked down by the motor cycle bearing Reg.No.KL-11-M-7342. Alleging negligence against the first respondent, owner-cum-rider of the offending motor cycle, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 1,00,000/-. MACA.No.1890/2008 2 3. Respondent No. 1, the owner-cum-rider of the offending motor cycle remained absent before the Tribunal. The second respondent, the insurer of the offending motor cycle filed a written statement admitting the policy. 4. Exts.A1 to A9 and Ext.C1 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting second respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent riding of the offending motor cycle by first respondent and awarded a compensation of Rs. 35,204/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.300/-. 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 that the accident occurred due to the negligence on the part of the rider of the motor cycle is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. MACA.No.1890/2008 3 7. The Tribunal awarded a total compensation of Rs.35,204/-. The break up of the compensation amount awarded is as under: Medical treatment - Rs. 3,000/- Medical bills - Rs. 4,704/- Hospitalization - Rs. 2,500/- Incidental charges - Rs. 2,000/- Pain and suffering - Rs.16,000/- Transportation - Rs. 1,000/- Disability - Rs. 6,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. 9. The Tribunal took the notional annual income of the claimant as Rs.15,000/- and took the percentage of disability as 8% and adopted a multiplier of 5 and awarded Rs. 6,000/- for the disability caused. As the claimant was a labourer aged 64, we feel that his annual income can be reasonably fixed at Rs. 24,000/-. The percentage of disability as 8% taken by the Tribunal appears reasonable. The multiplier of 5 taken by the Tribunal is not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 9600/- ( 8% x 24000 x 5). Thus on this count, the claimant is entitled to an additional compensation of Rs.3,600/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing MACA.No.1890/2008 4 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 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.3,600/-. 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 second 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.1890/2008 5