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 JUNE 2010 / 1ST ASHADHA 1932 MACA.No. 2806 of 2009() ----------------------- OPMV.1919/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OP(MV) ---------------------------------- CHANDRAN, S/O.KALYANI, CHALIPARAMBIL HOUSE, POTTA DESOM & VILLAGE, POTTA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------ 1. BIJU, S/O.JOSEPH, MUNDAMCHERRY HOUSE, KANJIRAKODE P.O., ERUMAPETTI. 2. VIJUMON, S/O.VISWAMBARAN, NARAMANGALAM HOUSE, KUTTICHIRA P.O 3. THE MANAGER, NATIONAL INSURANCE, AMBIKA ARCADE, M.G.ROAD, THRISSUR. 4. C.A.LAKSHMANAN, S/O.AYYAPPAN, CHAVARAKATTIL HOUSE, MATTATHUR P.O ADV. SMT.SARAH SALVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A.2806 of 2009 ------------------------------------------------------ Dated: JUNE 22, 2010 JUDGMENT Barkath Ali, J. In this appeal under sec.173 of the Motor Vehicles Act the claimant in OP(MV) 1919/2004 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, challenges the judgment and award of the Tribunal, dated, May 30, 2009 awarding a compensation of Rs.2,44,200/- (mistakenly noted by the Tribunal as Rs.2,56,200/-) for the loss caused to him on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal in brief are these: The claimant was aged 43 at the time of the accident and as a Head-load Worker he used to earn Rs.4000/- per month, according to him. On August 16, 2004 at about 1.10 p.m. he was cycling along Potta - Panampilly College Road and when he reached near Panampilly College, he was knocked down by an autorickshaw bearing registration No.KL-8/Z 7211 driven by the 2nd respondent. The claimant sustained very serious injuries. According to the claimant the accident occurred due to the rash and negligent driving of the offending autorickshaw by its driver, 2nd respondent. First M.A.C.A.2806 of 2009 2 respondent as the owner, 2nd respondent as the driver, 3rd respondent as the insurer and the 4th respondent as the registered owner of the offending autorickshaw are jointly and severally liable to pay compensation to the claimant. The claimant claimed a compensation of Rs.7 lakhs. 3. Respondents 1, 2 and 4, the present owner, driver and the registered owner of the offending autorickshaw remained absent and were set ex parte by the Tribunal. The 3rd respondent, insurer, filed a written statement admitting the policy. 4. Exts.A1 to A9 and Ext.X1 were marked on the side of the claimant before the Tribunal. On the side of the contesting 3rd respondent, Ext.B1 copy of policy was marked. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence on the part of the 2nd respondent and awarded a compensation of Rs.2,44,200/- (mistakenly noted by the Tribunal as Rs.2,56,200/-) with interest at the rate of 7% per annum from the date of petition till realisation and proportionate cost. 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 M.A.C.A.2806 of 2009 3 the accident occurred due to the negligence on the part of the 2nd 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 claimant sustained the following injuries as revealed from Ext.A4 copy of the wound certificate and Ext.A5 discharge card issued from the St.James Hospital, Chalakudy:- “acute right convexity with subdural haemotoma and mild right frontal subarachnoid hemorrhage.” He was in the hospital for 17 days. As directed by us the appellant appeared before us. A part of the heard on the right side of the appellant was chipped off. At that portion there is no skull and there is no protection for the brain. Ext.A6 medical certificate shows that the petitioner has persistent headache and he needs closure of his skull for which Rs.50,000/- is required. His disability was assessed by the Medical Board in Ext.X1 as 30%. 8. The Tribunal awarded a total compensation of Rs.2,44,200/- (mistakenly noted by the Tribunal as Rs.2,56,200/-). The break up of the compensation awarded is as under:- medical expenses - Rs.73,400/- hospital expenses - 1,800/- transportation - 1,000/- pain and suffering - 20,000/- M.A.C.A.2806 of 2009 4 discomfort and loss of amenities - 15,000/- future expenses - 25,000/- disability - 1,08,000/- --------------------- Total - Rs.2,44,200/- =============== 9. The Counsel for the appellant/claimant sought enhancement of the compensation for the disability caused, for future treatment expenses and for loss of amenities and enjoyment of life. The Tribunal took the monthly income of the claimant as Rs.2000/- and adopted a multiplier of 15 and took the percentage of disability as 30% as in Ext.X1 and awarded Rs.1,08,000/- for the disability caused. As the claimant was a head-load worker, we feel that his monthly income can be reasonably fixed at Rs.3000/-. The percentage of disability and the multiplier adopted by the Tribunal is not seriously challenged. Thus calculated, for the disability caused, the claimant is entitled to a compensation of Rs.1,62,000/- (30% of 3000 x 12 x 15). Thus, on this count the claimant is entitled to an additional compensation of Rs.54,000/-. 10. The Tribunal awarded Rs.25,000/- for future treatment expenses. But in Ext.A6 the doctor has certified that for the closure of the skull defect, approximately Rs.50,000/- is required. Therefore we feel that a compensation of Rs.50,000/- would be reasonable for the M.A.C.A.2806 of 2009 5 future treatment expenses. 11. An amount of Rs.15,000/- is granted by the Tribunal for the discomfort and loss of amenities and enjoyment of life. Taking into consideration the nature of the injuries sustained, we feel that a compensation of Rs.25,000/- 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. Thus, the claimant is entitled to an additional compensation of Rs.89,000/-. He is entitled to interest @ 7.5% per annum on the enhanced compensation from the date of petition till realisation and proportionate cost. The 3rd 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 mt/-