IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 MACA.No. 1440 of 2007() ------------------------------------ OPMV.2299/2000 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN O.P. (MV) -------------------------------------------------------- ASKAR ALI. K.T.,S/O.ABDUL KHADER, AGED 29 YEARS, PARAMBIL HOUSE, FEROKE POST, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN, SRI.K.M.JAMALUDHEEN. RESPONDENTS/RESPONDENTS IN O.P. (MV) ----------------------------------------------------------------- 1. M.K. ABDUL RAHIM, S/O. AHAMMEDKUTTY, KALAMPURATH KUNNATH HOUSE, PERUMUGHAM POST, FEROKE, KOZHIKODE. 2. THE NEW INDIA ASSURANCE COMPANY LIMITED, BRANCH OFFICE, POOTHERI BUILDING, FEROKE, KOZHIKODE. R2 BY ADV. SRI.PMM.NAJEEB KHAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. A.K.BAHSEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 1440 of 2007 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 17th day of May, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P. (MV) No.2299 of 2000 of the Principal Motor Accidents Claims Tribunal, Kozhikode challenges the judgment and award of the Tribunal dated February 9, 2007 awarding a compensation of Rs.25,150/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal, in brief, are these:- On July 3, 2000 while the claimant was cycling along the Perumugham-Kallithodi road, an auto-rickshaw bearing registration No.KL-11-H 98 came from the opposite side and knocked him down. The claimant sustained serious injuries. According to him, the accident occurred due to the rash and negligent driving of the offending auto-rickshaw by the first respondent. First respondent as the owner and MACA 1440/07 2 second respondent as the insurer of the offending auto- rickshaw are jointly and severally liable to pay compensation to the claimant. The claimant claimed a compensation of Rs. 3 lakhs. 3. The first respondent filed a written statement admitting the accident, but contending that the accident occurred due to negligence on the part of the claimant. The second respondent, insurer of the offending auto-rickshaw, filed a written statement, admitting the policy. 4. Exts.A1 to A4 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the respondents before the Tribunal. The Tribunal, on an appreciation of evidence, awarded a compensation of Rs.25,150/-. 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 MACA 1440/07 3 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 question which arises 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:- 1) Lacerated wound of 8 x 3 c.m. near to collar bone. 2) Contusion on chest and back 3) Deformity of little finger. X-ray showed fracture of clavicle. Ext.C1 certificate of disability shows that the claimant has suffered 10% disability due to the non-union of fracture of clavicle. 8. The Tribunal awarded a total compensation of Rs.25,150/-. Break up of the amount awarded is as under :- Partial disability : Rs.12,240/- Medical bills : Rs.1,659/- Medical treatment : Rs.2,000/- Hospitalization for 3 days : Rs.750/- Pain and sufferings : Rs.8,000/- Transportation : Rs.500/- MACA 1440/07 4 -------------------- Total : Rs.25,149/- Rounded to : Rs.25,150/- ======== 9. The learned counsel for appellant sought enhancement of compensation for the disability caused. The Tribunal took the annual income of the claimant as Rs.12,000/-, adopted a multiplier of 17, took the disability as 6% and awarded a compensation of Rs.12,240/- for the disability caused. The claimant was a workshop mechanic, aged 22. Therefore, we feel that his monthly income can reasonably be fixed at Rs.2,500/-. Percentage of disability assessed by the Tribunal at 6% and the multiplier of 17 are not seriously challenged in this appeal. Thus, for the disability caused, the claimant is entitled to Rs.30,600/-. Thus on this count, the claimant is entitled to an additional compensation of Rs.18,360/- As regards the compensation awarded under other heads, we find the same to be reasonable and, therefore, we are not disturbing the same. 10. Thus, the claimant is entitled to Rs.18,360/- as MACA 1440/07 5 additional compensation. He is entitled to interest @ 9% per annum from the date of petition till realization. The Tribunal awarded interest only at 6%, which appears to be very low. For the compensation already awarded also, the claimant is entitled to interest at 9% per annum from the date of petition till realization. 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. mn.