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 7TH APRIL 2010 / 17TH CHAITHRA 1932 MACA.No. 32 of 2008() -------------------------------- OPMV.694/1998 of II ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER: -------------------------------------- M.SAMIKUTY, AGED 47 YEARS, SON OF PACHAR, MUTTUVAYAL HOUSE, P.O. KOMMERI, KOZHIKODE - 673 007. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS/RESPONDENTS: ------------------------------------------------ 1. K. MADHUMOHAN, SON OF V.R. NAIR, 7TH BHARATH STREET, AOSK NAGAR, CHENNAI. 2. THE BRANCH MANAGER, THE UNITED INDIA INSURANCE CO. LTD., 123, USMAN ROAD, T.NAGAR, CHENNAI - 600 817. R2 BY ADV. SRI.T.J.LAKSHMANAN IYER. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 32 of 2008 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 7th day of April, 2010 JUDGMENT Barkath Ali, J: In this appeal under section 173 of the Motor Vehicles Act claimant in O.P.(MV) No.694 of 1998 of the II Addl. Motor Accidents Claims Tribunal, Kozhikode challenges the judgment and award of the Tribunal dated May 10, 2007 awarding a compensation of Rs. 15,500/- for the loss caused to the claimant, on account of the injury sustained by him in a motor accident. 2. The facts leading to this appeal, in brief, are these:- The claimant was aged 47 at the time of the accident and used to earn more than Rs.3,000/- per month as a coolie, according to the claimant. On November 8, 1997 at about 9.30 p.m. while the claimant was walking along the side of the Calicut - Ramanattukara Bye-pass road and reached at Manalthazham, he was knocked down by a car bearing registration No.TN-09/Z-6258. The MACA 32/2008 2 claimant sustained very serious injuries. According to the claimant, the accident occurred due to a rash and negligent driving of the offending car by its driver. The first respondent as the owner, the second respondent as the insurer of the car are jointly and severally liable to pay the compensation to the claimant. The claimant claimed compensation of Rs.2 lakhs. 3. The first respondent, owner of the offending car, did not file any written statement before the Tribunal. The second respondent, insurer of the offending car, filed a written statement, admitting the policy. 4. Exts. A1 to A6 series were marked on the side of the claimant. No evidence was adduced by the contesting second respondent. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs.15,500/- with interest at the rate of 6% p.a. from the date of petition till realization. The claimant has come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the appellant and MACA 32/2008 3 learned counsel for the second respondent. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the driver of the offending car is not seriously challenged in this appeal. Therefore, the only question for consideration is whether the claimant is entitled to any enhanced compensation. 7. The claimant sustained the following injuries, as revealed from Ext.A2 copy of the wound certificate issued from the hospital:- 1) Lacerated wound left side of forehead 10 x 2 bone deep. 2) Lacerated wound forehead middle 3 x 1 cm. 3) Lacerated chin 4 x 1 cm. 4) Lacerated wound right side of chest 2 x 1 cm. 5) Lacerated wound mucosal aspect of lower lip 2 x 1 cm. 6) Lacerated wound below right eye 3 x 1 cm. 7) Multiple abrasion face both legs and knee. Ext.A3 the discharge card issued from the Medical College MACA 32/2008 4 Hospital, Kozhikode shows that he was admitted on 8-11-1997 and discharged on 17-11-1997. Ext.A4 C.T. scan report shows that mucosal thickening in both maxillary sinus and nominal amount of fresh blood in right nasal cavity. Ext.A5 is the case record produced from the Dental College, Kozhikode. Ext.X1 report of the Medical Board shows that the claimant has lost one tooth, sustained injuries to two teeth and he has suffered disability at 1%. 8. The Tribunal awarded a total compensation of Rs.15,500/-. Break up of the compensation awarded is as under:- Transport to hospital : Rs.400/- Extra nourishment : Rs.400/- Damage to clothing : Rs.300/- Medical expenses : Rs.2,200/- By-stander’s expenses : Rs.900/- Pain and suffering : Rs.7,500/- Temporary loss of earning : Rs.1,250/- for one month. Disability caused : Rs.2,500/- ------------------ Total : Rs.15,500/- ======= MACA 32/2008 5 9. The learned counsel for the appellant has mainly sought enhancement of compensation awarded under disability caused, pain and suffering and for loss of amenities and enjoyment in life. 10. The Tribunal awarded Rs.7,500/- for pain and suffering, which appears to be very low. Taking into account the nature of the injuries sustained, we feel that a compensation of Rs.15,000/- would be reasonable on this count. 11. The claimant lost one tooth and sustained injuries to two teeth. The Tribunal did not award a compensation for loss of amenities and enjoyment in life . Therefore, on this count, we feel that a compensation of Rs.20,000/- would be reasonable. 12. Rs.2,500/- was awarded for the disability caused. The Tribunal took monthly income of the claimant as Rs.15,000/- per annum, adopted a multiplier of 17 and took disability as 1%. Taking into consideration the nature of the injuries sustained and that the claimant has bi-medial condyle MACA 32/2008 6 tibia fracture, we feel that a compensation of Rs.10,000/- would be reasonable for the disability caused. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 13. In the result, the claimant is entitled to an additional compensation of Rs.35,000/-. He is entitled to interest @ 7.5% from the date of petition till realization and proportionate cost. The second respondent, being the insurer of the offending car, shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. 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. mn