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 6TH JANUARY 2011 / 16TH POUSHA 1932 MACA.No. 501 of 2006() ---------------------- (OPMV.999/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD) .................... APPELLANT/PETITIONER ---------------------------------- SUBRAMANIAN, S/O.LATE NARAYANAN NAIR, ATOOR HOUSE, THATHAMANGALAM, PALAKKAD DISTRICT. BY ADV. SRI.A.R.GANGADAS RESPONDENTS/ RESPONDENTS: --------------------------------------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. ARUMUGAN, S/O.VELAYUDHAN, THUMBIDI HOUSE, KARIMKULAM. 3. THE MANAGER, NATIONAL INSURANCE CO. LTD., THIRUVANANTHAPURAM. R1 SHRI.JOHNSON P.JOHN, SC, KSRTC R3 BY ADV. SRI.LAL GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 501 of 2006 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 6th January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No. 999 of 1999 on the file of the Motor Accidents Claims Tribunal, Palakkad. In this appeal he challenges the judgment and award of the Tribunal dated May 31, 2005 awarding a compensation of Rs.84,750/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The claimant sustained pelvis fracture with involvement of acetabular margin left, traumatic rupture of urethra. X-ray revealed comminuted fracture pelvis with involvement of acetabular margin,supra pubic catheter done. Ortho consultation done for fracture of pelvis. 3. The accident happened on January 16, 1999 at about 9.50 a.m. While the claimant was about to get into a bus bearing registration No.KL.15/3227 from the Thathamangalam bus stop, driver of the bus, 2nd respondent MACA 501/2006 2 suddenly took the bus forward and the claimant was thrown out from the bus and he sustained the above mentioned injuries. Alleging negligence against the 2nd respondent driver of the offending bus, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.2,50,000/-. 4. Respondents 1 and 3, owner and insurer of the offending bus, filed a joint written statement admitting the accident and the policy of the offending bus. The 2nd respondent the driver of the bus remained absent. Claimant was examined as PW1 and Exts.A1 to A11 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence on the part of the 2nd respondent and awarded a compensation of Rs.84,750/- with interest @ 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. MACA 501/2006 3 5. Heard the learned counsel for the claimant and learned 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 2nd respondent is not seriously 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.84,750/-. Break up of the compensation awarded is as under:- Transportation : Rs. 7,500 Extra nourishment : Rs. 3,500 Damage to clothing : Rs. 250 Medical expenses : Rs.18,000 Bystander expenses : Rs. 4,500 Pain and suffering : Rs.15,000 Permanent disability : Rs.33,000 Loss of amenities and : Rs. 3,000 enjoyment in life. ------------------ Total : Rs.84,750 ======= 8. The learned counsel for the appellant/claimant MACA 501/2006 4 sought enhancement of compensation for the disability caused and on other heads. 9. The Tribunal took the monthly income of the claimant as Rs.3,000/-, took the percentage of disability as 7%, adopted a multiplier of 13 and awarded Rs.33,000/- towards disability caused. The claimant was employed as a Peon in the Kerala Water Authority, Chittur earning Rs.4,053/- as salary as proved by Ext.A9 his salary certificate. For assessing loss of earning, the Tribunal took the monthly income of the claimant as Rs.3,000/-, which appears to be reasonable. As he was aged 48, the multiplier adopted by the Tribunal as 13 is found to be reasonable. In Ext.A6 disability certificate the doctor certified that the petitioner suffered 10% disability. Considering the fact that the claimant has difficulty in squatting and walking and the fact that there is shortening of left lower limb by 1 c.m., we feel that the percentage of disability as 10% certified by the doctor appears to be correct. Thus calculated for the disability caused, the claimant is entitled to a compensation MACA 501/2006 5 of Rs.46,800/-. Thus, the claimant is entitled to an additional compensation of Rs.13,800/- on this count. 10. The Tribunal awarded Rs.3,000/- towards loss of amenities and enjoyment in life. Taking into consideration the nature of the injuries sustained, we feel that a compensation of Rs.20,000/- 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. In the result, the claimant is found entitled to an additional compensation of Rs.30,800/-. The Tribunal awarded interest only @ 6% per annum, which appears to be very low. He is entitled to interest @ 7 % per annum from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. He is also entitled to proportionate costs. The 3rd respondent 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 MACA 501/2006 6 modified to the above extent. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn