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 11TH AUGUST 2010 / 20TH SRAVANA 1932 MACA.No. 1700 of 2005() ----------------------- OPMV.80/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- ANIL KUMAR, S/O.RAVEENDRAN, NEDUMPALLY, KIZHAKKEKUTTU, KUTHIATHODU, THURAVOOR P.O. CHERTHALA. BY ADV. SRI.A.KRISHNAN SRI.V.SATHEESH RESPONDENT(S): RESPONDENTS. --------------------------- 1. BHAGAVATHY, S/O.PALANISWAMY, DOOR NO.146/4, GANAPATHIPALAYAM, POLLACHI TALUK, TAMILNADU. 2. KARTHIKEYAN, S/O.VAJRAVADIVEL MUDALIAR MENOKALAM, VANNAMADU P.O. CHITTOOR, PALAKKAD. 3. UNITED INDIA INSURANCE CO.LTD., POLLACHI BRANCH, TAMILNADU, REPRESENTED BY ITS MANAGER. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1700 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.80/2000 on the file of Motor Accidents Claims Tribunal, Alappuzha. He sustained the following injuries in a motor accident that occurred on December 21, 1998 at about 6.30 a.m.: 1. Deformity with pain and tenderness left upper arm. 2. Multiple abrasion with blackish coloration and contusion around the whole of left thigh. 3. Multiple abrasions of varying size on and over the left thigh, left side of the scalp, medial side of the leg ( right). 4. Pain and amount both sides of the front of the chest. 5. Fracture pelvis right side. 6. Fracture numerus left side. 7. Fracture of Ribs 2, 3, 4, 5, 6 and 7 left side. 8. Fracture of ribs 3, 4, 5 right side. 9. Fracture left scapula. 2. The accident happened while the claimant was walking along the side of the road, he was knocked down by the lorry bearing Reg.No.KRZ-8566 and the lorry ran over his left thigh. Alleging negligence against the first respondent, the driver of the lorry, the MACA.No.1700/2005 2 claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 7,00,000/-. 3. Respondents 1 and 2, the driver and the owner of the offending lorry remained absent before the Tribunal. The third respondent, the insurer of the offending lorry filed a written statement admitting the policy. 4. Claimant was examined as PW1 and Exts.A1 to A10 were marked on his side before the Tribunal. No evidence was adduced 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 lorry by first respondent and awarded a compensation of Rs. 65,000/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs. 1,000/-. 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.1700/2005 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 break up of the compensation awarded is as under : Pain and suffering - Rs. 10,000/- Loss of income - Rs. 9,000/- Damage to clothing, transport to hospital, extra nourishment and bystander expenses - Rs. 3,000/- Treatment expenses - Rs. 10,000/- Disability - Rs. 33,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused and for pain and suffering endured by the claimant. 9. The Tribunal took the monthly income of the claimant as Rs.1,500/- and took the percentage of disability as 7% and awarded Rs. 33,000/- for the disability caused. Claimant has produced Ext.A13, a certificate showing that he was working as a Supervisor in M/s.Priya System & Equipments, Ernakulam and was drawing a salary of Rs. 4,000/- per month. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at MACA.No.1700/2005 4 Rs. 2,500/-. The percentage of disability as 7% taken by the Tribunal and as shown in Ext.A6, certificate of disability, appears reasonable. As he was aged 22 at the time of the accident, the proper multiplier to be adopted in this case is 17. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 35,700/- ( 7% x 2500 x 12 x 17). Thus on this count, the claimant is entitled to an additional compensation of Rs.2,700/-. 10. The Tribunal awarded Rs. 9,000/- towards loss of earnings for six months @ Rs. 1500/- per month. As we have fixed the monthly income of the claimant as Rs. 2,500/-, he is entitled to a compensation of Rs.15,000/- towards loss of earnings for six months. Thus on this count, the claimant is entitled to a compensation of Rs. 6,000/-. 11. The Tribunal awarded Rs. 10,000/- for pain and suffering endured by the claimant which appears to be very low. Taking into consideration the fact that he has suffered several fractures, we feel that a compensation of Rs. 15,000/- would be reasonable for the pain and suffering endured by the claimant. Thus on this count, the claimant is entitled to an additional compensation of Rs. 5,000/-. As regards the compensation awarded under other heads, we find the same to be MACA.No.1700/2005 5 reasonable and therefore are not disturbing the same. 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 claimant is found entitled to an additional compensation of Rs. 13,700/- with interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. He is also entitled to 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.1700/2005 6 MACA.No.1700/2005 7