IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 MACA.No. 1376 of 2009() ----------------------- OPMV.403/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT/ CLAIMANT: ----------------------- ASHARAF, S/O.KUNJUMOHAMMED, MANDAYAPPURAM HOUSE, VADAKKANGARA HOUSE, KACHINIKKAD DESOM, P.O.MAKKARAPARAMBU NOW RESIDING AT MANDAYAPURAM THARVAD, KLARI AMSOM AND DESOM, P.O.EDARIKODE, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.A.KRISHNAN RESPONDENTS/RESPONDENTS 1 AND 2 --------------- 1. MUHAMMED BASHEER M.T., S/O.ABDUL JABBAR, MATTUMMATHODI HOUSE, KIZHATTOOR AMSOM, MULLIAKURISSI, PATTIKKAD P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. 2. NATIONAL INSURANCE COMPANY LTD., DIVISION NO.10,FLAT NO.101106, N.I.BMC HOUSE, CANNAUGHT PLACE, NEW DELHI-110 001. ADV. SMT.SARAH SALVY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1376 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.403/2006 on the file of Motor Accidents Claims Tribunal, Tirur. In this appeal, he challenges the judgment and award of the Tribunal dated April 29,2008 awarding a compensation of Rs.77,000/- 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 : 1. Tenderness on the right hip. 2. Fracture of posterior column of right ascetabulam. 3. Fracture of right pubic ischial ramus. 2. The accident occurred on July 2, 2005 at about 7.30 a.m.. While the claimant was driving the autorickshaw bearing Reg.No.KL- 10M-3184 and when he reached at Kachinikad junction in Perinthalmanna-Malappuram public road, the vehicle dashed against the car bearing Reg.No.KL-10Q-2156 driven by the first respondent. Alleging negligence against the first respondent, the claimant filed the MACA.No.1376/2009 2 O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 6,30,000/-. 3. Respondent No. 1, the owner-cum-driver of the offending car filed a written statement admitting the accident, but attributed negligence to the claimant. The second respondent, the insurer of the offending car filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A15 and Ext.C1 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting second respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending car by first respondent and awarded a compensation of Rs. 77,000/- with interest @ 9% 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 MACA.No.1376/2009 3 that the accident occurred due to the negligence on the part of the first 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.77,000/-. The break up of the compensation amount awarded is as under: Transport to hospital - Rs. 2,500/- Damage to clothing - Rs. 500/- Expenses of bystander - Rs. 5,000/- Medical bills - Rs.19,500/- Extra nourishment - Rs. 4,000/- Loss of income - Rs.12,000/- Pain and suffering - Rs.15,000/- Disability - Rs.18,360/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused. He pointed out that no compensation was awarded by the Tribunal for loss of amenities and enjoyment of life. 9. The Tribunal took the monthly income of the claimant as Rs.3,000/- and took the percentage of disability as 3% and adopted a multiplier of 17 and awarded Rs. 18,360/- for the disability caused. According to the claimant, he is a driver by profession. Taking into MACA.No.1376/2009 4 consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 3,500/-. The percentage of disability as 3% and the multiplier as 17 taken by the Tribunal are not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 21,420/- ( 3% x 3500 x 12 x 17). Thus on this count, the claimant is entitled to an additional compensation of Rs.3,060/-. 10. No compensation is seen awarded by the Tribunal 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 Rs. 10,000/- 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. 11. The Tribunal awarded Rs.12,000/- for loss of income for four months @ Rs.3,000/- per month. As we have fixed the monthly income of the claimant as Rs.3,500/-, he is entitled to a compensation of Rs.14,000/- towards loss of income. 12. In the result, the claimant is found entitled to an additional MACA.No.1376/2009 5 compensation of Rs. 15,060/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. The second 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.1376/2009 6