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 22ND JUNE 2011 / 1ST ASHADHA 1933 MACA.No. 2126 of 2005() ----------------------- OPMV.506/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): APPELLANT/PETITIONERS ----------------------------------- ABDUL KHADER, S/O.LATE MOIDEENKUNHI HAJI, AGED 35 YEARS, RESIDING AT MIHRAJ MANZIL, CHERIYA ALAMPADY.P.O, ALAMPADY, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.M.SANTHOSHKUMAR RESPONDENTS/RESPONDENTS --------------- 1. HARIKUMARAN.S, S/O.SIVASANKARAN, HARI NILAYAM, PAREAPALLA, THIRUVANANTHAPURAM. 2. E.TITUS, UDAYAM, PUTHUKULANGARA, UZHAMADUKKAL, NEDUMANGAD, THIRUVANANTHAPURAM. 3. THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., RAMAKRISHNA BUILDING, THIRUVANANTHAPURAM. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2126 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of June, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.506/2002 on the file of Motor Accidents Claims Tribunal, Kasargod. In this appeal he challenges the judgment and award of the Tribunal dated May 9, 2005 awarding a compensation of ` 79,750/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on December 24, 2001. While the claimant was travelling to Badiadka in a jeep bearing Reg.No.KL 14- B/2549 and reached at Nalam mile in Cherkala, the jeep dashed against a Tata sumo bearing Reg.No.KL.14/01-K 8242 driven by the first respondent. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of ` 2,00,000/-. 3. Respondents 1 and 2, the driver and the owner of the offending Tata Sumo remained absent before the Tribunal. The third MACA.No.2126/2005 2 respondent, the insurer of the offending Tata Sumo filed a written statement admitting the policy. 4. This O.P. was jointly tried along with the other O.Ps. filed by the other injured persons and the legal heirs of deceased persons and a common award was passed by the Tribunal. Exts.A1 to A56 and Ext.X1 were marked on the side of the claimant before the Tribunal. Exts.B1 and B2 were marked by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending Tata Sumo by first respondent and awarded a compensation of ` 79,750/- with interest @ 9% per annum from the date of application till 31/12/2004 and thereafter @ 6% 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 the accident occurred due to the negligence on the part of the first MACA.No.2126/2005 3 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 in the accident : 1. Bleeding wound over the scalp - laceration over the frontal region of the scalp 10 x 5 cms. 2. Bleeding wound - laceration 3 x 2 cms. over the medial aspect of right thigh. 3. Contusion - left side of the chest X-ray showed fracture to 10th Rib ( left) and communited fracture of right forearm. 8. The Tribunal awarded a total compensation of ` 79,750/ -. The break up of the compensation amount awarded is as under: Transportation, extra nourishment, damage to clothing - ` 2,500/- Treatment expenses - ` 40,000/- Pain and suffering - ` 12,000/- Disability - ` 17,250/- Loss of amenities - ` 8,000/- 9. Counsel for the claimant sought enhancement of compensation for the disability caused and for loss of amenities and enjoyment of life. MACA.No.2126/2005 4 10. The Tribunal took the monthly income of the claimant as ` 1,500/- and took the percentage of disability as 6% and adopted a multiplier of 16 and awarded ` 17,250/- for the disability caused. According to the claimant, he was a coolie aged 39 earning Rs.2,500/- per month. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at ` 2,500/-. In Ext.X1 disability certificate, the Medical Board has assessed his disability at 12%. Therefore, we feel that the percentage of disability can be assessed at 12%. The multiplier of 16 taken by the Tribunal is not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of ` 57,600/- ( 12% x 2500 x 12 x 16). Thus on this count, the claimant is entitled to an additional compensation of ` 40,350/-. 11. The Tribunal awarded ` 8,000/- for loss of amenities and enjoyment in life. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of ` 10,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and MACA.No.2126/2005 5 therefore we are not disturbing the same. 12. In the result, the claimant is found entitled to an additional compensation of ` 42,350/-. He is entitled to interest @ 9% per annum from the date of application till the date of award and thereafter @ 6% till realisation 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.2126/2005 6