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 8TH MARCH 2011 / 17TH PHALGUNA 1932 MACA.No. 1449 of 2005() ----------------------- OPMV.3444/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- JAYAN @ JAYAKUMAR, S/O.VELAYUDHAN, PEECHULLY HOUSE, MULLASSERY P.O., THRISSUR. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS -------------------------- 1. VIDHYASAGAR, S/O.LATE K.K.MENON, ALLATH HOUSE, ANTHIKKAD, THRISSUR DISTRICT. 2. FRANCIS, S/O.JOSEPH, THATTIL MANDY HOUSE OLLUR, THRISSUR. 3. NATIONAL INSURANCE CO. LTD., B.O. THRISSUR. (RESPONDENTS 4 TO 7 BEFORE ARE NOT MADE PARTIES SINCE NO RELIEF IS CLAIMED AGAINST THEM) ADV. SRI.P.GOPALAKRISHNA MENON FOR R1 SRI.M.JITHESH MENON FOR R1 SRI.E.M.JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1449 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.3444/2000 on the file of Motor Accidents Claims Tribunal, Thrissur. In this appeal he challenges the judgment and award of the Tribunal dated February 14, 2005 awarding a compensation of Rs.85,200/- 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 February 28, 2000 at about 8 p.m. : Fracture of tali ( heel bone) left side, cervical spine C1, C2 and C3, straightening of cervical spine, serious injuries to eyes with diplopia, contusion right wrist,serious injury to abdomen, lacerated injury chest left side, multiple lacerated injuries. 2. The accident happened while the claimant was travelling in an autorickshaw bearing Reg.No.KL-8/A 3742 along Thrissur-Kanjany public road. When he reached at Perumbuzha palam, the autorickshaw dashed against a bus bearing Reg.No.KL-8/8668. Alleging negligence against the second respondent, the driver of the bus, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act MACA.No.1449/2005 2 claiming a compensation of Rs. 2,49,000/-. 3. Respondents 1 to 3 in the O.P. are the owner, driver and insurer of the offending bus. Respondents 4 to 7 in the O.P. are the owner, driver, insurer and person in possession of the autorickshaw involved in the accident. Respondents 1, 2, 4, 5 and 7 remained absent before the Tribunal. Respondents 3 and 6, the insurers of the vehicles filed written statements admitting the policy of the respective vehicles. 4. This O.P. was jointly tried along with the O.Ps. filed by the other injured persons in the accident and a common award was passed. Pws 1 to 3 were examined and Exts.A1 to A26 and Ext.X1 were marked on the side of the claimant before the Tribunal. Ext.B1 was marked by the contesting respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending bus by second respondent and awarded a compensation of Rs. 85,200/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.2,200/- against respondents 1 to 3. 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 MACA.No.1449/2005 3 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 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.85,200/-. The break up of the compensation amount awarded is as under: Loss of earnings - Rs.8,000/- Medical expenses - Rs.12,000/- Pain and suffering - Rs.12,000/- Loss of amenities - Rs.10,000/- Disability - Rs.43,200/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. 9. The Tribunal took the monthly income of the claimant as Rs.2,000/- and took the percentage of disability as 10% and adopted a multiplier of 18 and awarded Rs. 43,200/- for the disability caused. Ext.A11 the certificate of disability issued by the Assistant Professor of Orthopaedics, Medical College Hospital shows that claimant has a permanent disability of 12%. The claimant has now loss of vision to MACA.No.1449/2005 4 the left eye. Ext.A13 certificate dated 14/9/2004 issued by the Doctor in Mother Hospital, Thrissur shows that he has still that disability of left hypotropia and that the same is due to damage the nerve or muscle. Therefore, we feel that the percentage of disability caused to the claimant can be reasonably fixed at 12%. The claimant claims to be a taxi driver aged 26 earning Rs.4,500/- per month. Taking into consideration the above aspect, we feel that his monthly income can be reasonably fixed at Rs.3,000/-. The multiplier of 18 taken by the Tribunal is not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 77,760/- ( 12% x 3000 x 12 x 18). Thus on this count, the claimant is entitled to an additional compensation of Rs.34,560/-. 10. The Tribunal awarded Rs. 8,000/- towards loss of earnings for four months @ Rs. 2,000/- per month. As we have fixed the monthly income of the claimant as Rs. 3,000/-, he is entitled to a compensation of Rs. 12,000/- towards loss of earnings. Thus on this count, the claimant is entitled to an additional compensation of Rs. 4,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing MACA.No.1449/2005 5 the same. 11. 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. 12. In the result, the claimant is entitled to an additional compensation of Rs. 38,560/-. 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.1449/2005 6