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 29TH JULY 2010 / 7TH SRAVANA 1932 MACA.No. 443 of 2010() ---------------------- OPMV.258/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): PETITIONER ------------------------ MIDHUN, AGED 13 YEARS, (MINOR) REP.BY FATHER SRI.P.MURALI, S/O.PODIYAN, BAGHAT SING NAGER COLONY, ODAMPTH KUNNU, MANIYANCODE POST, KALPETTA,WAYANAD. BY ADV. SMT.CELINE JOSEPH RESPONDENT(S): RESPONDENT NO.3 ------------------------------ UNITED INDIA INSURANCE CO.LTD, BRANCH OFFICE, P.B.NO.41., MAIN ROAD, KALPETTA, ADV. SRI.P.K.MANOJKUMAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.443 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of July,2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.258/2000 on the file of Motor Accidents Claims Tribunal, Kalpetta, Wayanad. He sustained the following injuries in a motor accident which occurred on February 21, 2000 at about 4.15 p.m.: 3 x 3 cm. abrasion near lateral angle of left eye, linear abrasion 3 cm. long above medial 1/3 of left clavicle, contusion 4 x 4 cm. size medial aspect just above left, abrasion left side of chest near out axellery line 4 x 4 cm. and tenderness lower end of left femur middle of left femur. X-ray show left thigh fracture femur left. 2. Claimant was a boy aged 6 at the time of the accident. The accident happened while he was walking on the side of Munderi - Maniyancode road, he was knocked down by the Auto rickshaw bearing Reg.No.KL.10/D.5611 driven by first respondent. Alleging negligence against the first respondent, the claimant through his next friend father filed the O.P. before the Tribunal under Section 166 of MACA.No.443/2010 2 Motor Vehicles Act claiming a compensation of Rs. 1,50,000/- against respondents 1 to 3, the driver, owner and insurer of the offending vehicle. 3. Respondents 1 and 2, the driver and the owner of the offending auto rickshaw remained absent before the Tribunal. The third respondent, the insurer of the offending vehicle filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A7 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. On an appreciation of evidence, the Tribunal awarded a compensation of Rs. 14,370/- with interest @ 6% per annum from the date of petition till realisation. 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.443/2010 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 break up of the compensation awarded by the Tribunal is as under : Transport to hospital - Rs. 500/- Extra nourishment - Rs. 300/- Damage to clothing - Rs. 200/- Bystander expenses - Rs. 200/- Medical expenses - Rs. 1,690/- Pain and suffering - Rs. 5,000/- Disability - Rs. 6,480/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused, for the pain and suffering endured and for loss of amenities and enjoyment in life. 9. The Tribunal took the notional income of the claimant as Rs. 900/- per month and adopted a multiplier of 15 and took the percentage of disability as 4% and awarded Rs. 6,480/- for the disability caused. Even under the Second Schedule to Motor Vehicles Act, the notional income of a non-earning person has to be taken as Rs. 15,000/- per annum. Therefore, in this case also, we feel that the MACA.No.443/2010 4 annual notional income of the claimant can be reasonably fixed at Rs. 15,000/-. The multiplier adopted by the Tribunal as 15 and the percentage of disability as 4% appear reasonable, though the doctor has certified a disability of 8%. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 9,000/- ( 4% x 15000 x 15). Thus on this count, the claimant is entitled to an additional compensation of Rs. 2,520/-. 10. The Tribunal awarded Rs. 5,000/- for pain and suffering endured by the claimant which appears to be very low. Taking into consideration the nature of the injury sustained by the claimant, we feel that a compensation of Rs. 10,000/- would be reasonable on this count. 11. No compensation was awarded for loss of amenities and enjoyment in life by the Tribunal. Having regard to the nature of the injury sustained by the claimant, we feel that a compensation of Rs. 5,000/- would be reasonable for the loss of amenities and enjoyment in life. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. MACA.No.443/2010 5 12. 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. 13. In the result, the appellant/claimant is entitled to an additional compensation of Rs. 12,520/-. 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 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 sv. MACA.No.443/2010 6 MACA.No.443/2010 7