IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 MACA.No. 1658 of 2004() ----------------------- OPMV.794/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ----------------------------------- RAMACHANDRAN, S/O. MADHAVAN NAIR, MELETHU HOUSE, T.V. PURAM P.O., KANNUKETTUSSERY KARA, VAIKOM VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.P.M.NATESAN SRI.P.K.MURALEEDHARAN RESPONDENTS/RESPONDENTS --------------- 1. SANNICHAN, S/O. THOMAS, CHENAPPALLY VELIYIL (KAREETHARA) NEAR P.H.C. WARD NO.3, OTTAPPUNNA KARA, PALLIPPURAM VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT. 2. NAZEEMA HUSAIN, VELIYIL HOUSE, MANNANCHERRY P.O., ALAPPUZHA DISTRICT. 3. UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, SARADA COMPLEX, MULLACKAL, ALAPPUZHA. ADV. SMT.T.C.SOWMIAVATHY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1658 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.794/2000 on the file of Motor Accidents Claims Tribunal, Kottayam. In this appeal, he challenges the judgment and award of the Tribunal dated January 15, 2004 awarding a compensation of Rs.34,800/- 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 that occurred on August 19, 1999 at 12 noon at Vaikom: 1. Fracture both bones right leg. 2. Abrasion on forehead 3. Lacerated wound on the right leg. 4. Contusion on the right leg. 2. The accident happened while the claimant was pillion riding on the bike and when he reached at Vaikom, he was knocked down by the lorry bearing Reg.No.KL4 A 2727 driven by the first respondent. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor MACA.No.1658/2004 2 Vehicles Act claiming a compensation of Rs. 2,00,000/-. 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. Exts.A1 to A6 were marked on the side of the claimant 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. 34,800/- with interest @ 9% per annum from the date of petition till realisation and a cost of Rs.2,000/-. 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 respondent is not challenged in this appeal. Therefore, the only MACA.No.1658/2004 3 question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.34,800/-. The break up of the compensation amount awarded is as under: Loss of earnings - Rs.6,000/- Treatment expenses - Rs.2,500/- Transportation - Rs.1,000/- Pain and suffering - Rs.10,000/- Disability - Rs.15,300/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused, for loss of amenities and enjoyment of life and on other heads. 9. The Tribunal took the monthly income of the claimant as Rs.1,500/- and took the percentage of disability as 5% and adopted a multiplier of 15 as he was aged 40 at the time of the accident and awarded Rs. 15,300/- for the disability caused. According to the claimant, he was a painter earning 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 Rs. 2,500/-. In Ext.A5, the doctor has assessed his disability at 18%. As the claimant has not adduced MACA.No.1658/2004 4 any evidence to prove the above aspect, 5% of disability taken by the Tribunal appears reasonable. The multiplier taken by the Tribunal as 15 is not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 22,500/- ( 5% x 2500 x 12 x 15). Thus on this count, the claimant is entitled to an additional compensation of Rs.7,200/-. 10. No compensation was 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. 11. There is another aspect in this case. The Tribunal awarded Rs. 6,000/- towards loss of earnings for 4 months @ Rs. 1,500/- per month. As we have fixed the monthly income of the claimant as Rs. 2,500/-, he is entitled to a compensation of Rs. 10,000/- towards loss of earnings. Thus on this count, the claimant is entitled to an additional compensation of Rs. 4,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. MACA.No.1658/2004 5 12. In the result, the claimant is found entitled to an additional compensation of Rs. 21,200/-. 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.1658/2004 6