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 15TH JULY 2010 / 24TH ASHADHA 1932 MACA.No. 920 of 2004() ---------------------- OPMV.2/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): APPELLANT/CLAIM PETITIONER: ----------------------------------------- SUNIL P.GEORGE @ SUNIL, PONKATTIL HOUSE, CHENGALAM P.O., ANICADU,KOTTAYAM. BY ADV. SRI.P.RAVINDRA BABU RESPONDENT(S): RESPONDENTS: --------------------------- 1. SAJEEVE, S/O. SREEDHARAN, PUTHEN PARAMBIL HOUSE, MANIYAPARAMBU, AYMANAM, KOTTAYAM. 2. VARGHESE JOHN, S/O. JOHN, PALLIVATHUCKAL HOUSE, CHALUKUNNU, GOVINDAPURAM, KOTTAYAM. 3. THE ORIENTAL INSURANCE CO. LTD., KOTTAYAM. 4. K.V.ANIL, KUTTICHERIL HOUSE, VELOOR P.O., KOTTAYAM-3. ADV. DR.ELIZABETH VARKEY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.920 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.2/1997 of Motor Accidents Claims Tribunal, Pala. He sustained the following injuries in a motor accident which occurred on May 17, 1996 at about 5.30 p.m. at Chirappuram junction, Kidangoor south on the Kottayam-Paduva road : Bleeding from both nose and left ear, lacerated wound on left forehead, thigh and ankle and multiple abrasions. Brain stem haematoma and multiple facio- maxillary fracture and perception of light on the right eye. Traumatic ophthalmoplegia involving II, III, IV, VI and branch of V of right eye. CT scan showed blow out fractures of right orbital walls with soft tissue in all right paranassal sinuses-fracture of sphenoid bone with no definite bony compromise of right optic canal. He MACA.No.920/2004 2 developed oscillopsia ( vertical) Ajsarthria and swaying. 2. The claimant was pillion riding on the motor cycle bearing Reg.No.KDE 5403 and when he reached near Chirappuram junction, a bus bearing Reg.No.KRK 5637 driven by the second respondent came at a high speed and knocked him down. Claiming a compensation of Rs. 14 lakhs, he filed the O.P. before the Tribunal under Section 166 of the Motor Vehicles Act against respondents 1 to 3, the owner, driver and insurer of the offending bus alleging negligence on the part of the second respondent. 3. Pws 1 and 2 were examined and Exts.A1 to A37 were marked on the side of the claimant. No evidence was adduced by the contesting third respondent. On an appreciation of evidence the Tribunal awarded a compensation of Rs. 6,95,200/- with interest @ 9% per annum from the date of petition till realisation and a cost of Rs. 17,380/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the claimant and the counsel for the Insurance Company. MACA.No.920/2004 3 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the second 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. 6. The Tribunal awarded a total compensation of Rs. 6,95,200/-. The break up of the compensation awarded is as under : Disability - Rs. 4,75,200/- Loss of earnings - Rs. 22,500/- Transport to hospital - Rs. 10,000/- Damage to clothing - Rs. 500/- Extra nourishment - Rs. 2,000/- Bystander expenses - Rs. 40,000/- Medical expenses - Rs. 70,000/- Pain and suffering - Rs. 25,000/- Loss of earning power - Rs. 50,000/- 7. Counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. 8. The claimant suffered a facial disability of 50% and neurological disability of 30% as certified by the doctor in Ext.A5. The Tribunal took the monthly income of the claimant as Rs.2,750/- and adopted a multiplier of 18 as he was aged 26 at the time of the MACA.No.920/2004 4 accident and took the percentage of disability as 80% and awarded Rs.4,75,200/- for the disability caused. 9. According to the claimant, he was conducting sale and manufacture of bricks, metal crusher unit etc. and used to earn Rs. 5,000/- per month. He produced Exts.A27 to A31 before the Tribunal to prove the same. Taking into consideration the above aspect, we feel that his monthly income can be reasonably fixed at Rs. 3,500/-. The multiplier adopted by the Tribunal as 18 and the percentage of disability as 80% are not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 6,04,800/-. Thus on this count, the claimant is entitled to an additional compensation of Rs. 1,29,600/-. 10. There is another aspect in this case. The Tribunal awarded loss of earnings for 7 ½ months at the rate of Rs. 2750/- per month, i.e. Rs. 22,500/-. We have fixed the monthly income of the claimant as Rs.3,500/-. Therefore towards loss of earnings, the claimant is entitled to Rs. 26,250/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not MACA.No.920/2004 5 disturbing the same. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 1,33,350/-. He is entitled to interest @ 9% per annum from the date of petition 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.920/2004 6