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 24TH MARCH 2010 / 3RD CHAITHRA 1932 MACA.No. 2366 of 2008() ------------------------------------ OPMV.1627/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER -------------------------------------- POULOSE @ THANKACHAN, S/O.SALOMA, ARAKKAL HOUSE, THALANJI.P.O., POOKKOTTUMANNA, CHUNGATHARA, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENTS/RESPONDENTS: ------------------------------------------------ 1. KRISHNADAS, S/O.NARAYANAN NAIR PERUR HOUSE, NALLAMTHANNI, P.O.KARULAI, NILAMBUR TALUK, MALAPPURAM DISTRICT (DRIVER) 2. SMT.PREMA, W/O. BALAN, LAKSHMI NIVAS, VAKKODE HOUSE,VLLANGHY, P.O.NENMARA, PALAKKAD DISTRICT (OWNER) 3. THE UNITED INDIA INSURANCE CO.LTD BRANCH NENMARA, P.O. NENMARA, PALAKKAD DISTRICT (INSURER) R3 BY ADV. SRI.M.A.GEORGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. A.K.BASHEER & P.Q. BARKATH ALI, JJ. =-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-= M.A.C.A. No. 2366 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-= Dated this the 24th day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under section 173 of the Motor Vehicles Act claimant in O.P.(MV) No.1627 of 2003 of the Motor Accidents Claims Tribunal, Manjeri challenges the judgment and award of the Tribunal dated 2nd November, 2007, awarding a compensation of Rs.6,04,300/- 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 42 and used to earn Rs.4,000/- from his business, according to him. On August 22, 2002 at about 9 p.m. the petitioner was riding his motor cycle bearing registration No. KL 8822 from Edakkara to Chunkathara and when he reached Edakkara Town, a pick up van bearing registration No. KL-9/A 9115, driven by the first respondent, came at a high speed from the opposite MACA 2366/08 2 direction and dashed against the motor cycle of the claimant. He sustained very serious injuries. According to the claimant, the accident occurred due to a rash and negligent driving of the offending van by the first respondent. The first respondent as the driver, second respondent as the owner and third respondent as the insurer of the offending van are jointly and severely liable to pay the compensation to the claimant. The claimant claimed a compensation of Rs. 8,41,500/-. 3. First respondent driver of the offending van filed written statement, admitting the accident but denying the liability. The second respondent remained absent and was set ex parte by the Tribunal. The third respondent Insurance Company filed a written statement, admitting the policy. 4. Exts. A1 to A13 and Ext.X1 were marked on the side of the claimant. No evidence was adduced by the contesting respondents 1 and 3. The Tribunal, on an appreciation of the evidence, awarded a compensation of MACA 2366/08 3 Rs.6,04,300/- with interest at the rate of 7% 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 learned counsel for the third 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 first respondent, driver of the offending van, is not 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 form Ext.A2 copy of the wound certificate, Ext.A3 discharge certificate, Ext.A4 copy of discharge summary and Ext.A8 medical certificate:- 1) Multiple deep wound over face and skull, over chin extending to right face 12 x 2 c.m. bone deep. MACA 2366/08 4 2) Injury on the forehead skull deep, frontal region of scalp, over right eye brow. 3) Multiple small wounds and contusion right eye. 4) Cervical cord injury. 5) Chip fracture of C2 spine. 6) Fracture of mandible. 7) Fracture of symphysis right in 6 pieces. 8) Quadriplezia . He was hospitalized for 193 days. Ext.X1 shows that he has permanent disability of 75%. 8. The Tribunal awarded a total compensation of Rs.6,04,300/-. The break up of the compensation awarded is as under:- Transport to hospital : Rs.1,000/- Extra nourishment and : Rs.19,300 Bystander expenses. Damage to clothing : Rs.250/- Pain and suffering : Rs.20,000/- Loss ofincome for 1 year : Rs.24,000/- @2,000/- p.m. MACA 2366/08 5 Medical bills : Rs.3,00,742/- Future treatment : Rs.5,000/- Disability caused : Rs.2,34,000/- ---------------------- Total : Rs.6,04,292/- Rounded to : Rs.6,04,300/- ======== 9. The learned counsel for the appellant has mainly sought enhancement of compensation awarded under disability caused, loss of amenities and enjoyment of life, pain and suffering endured and for future treatment expenses. 10. The claimant was aged about 42 at the time of the accident. His monthly income was taken as Rs.2,000/-. The Tribunal adopted a multiplier of 13 and took the disability as 75% and awarded a compensation of Rs.2,34,000/- for disability caused. As the petitioner was aged 42 and claims to be a businessman, we feel that his monthly income can reasonably be fixed at Rs.2,500/-. The proper multiplier that has to be applied in the present case is 15, as seen from Second Schedule to the Motor Vehicles Act. The percentage of disability was taken as 75%, as shown in Ext.X1, which is MACA 2366/08 6 not seriously disputed. Thus, for the disability caused, the claimant is entitled to a compensation of Rs.3,37,500/- (Rs.2,500 x 12 x 15 x 75/100). Thus, the claimant is entitled to an enhanced compensation of Rs.1,03,500/- on this count. 11. The Tribunal awarded a compensation of Rs.20,000/- for pain and suffering endured by the claimant. Considering the fact that the claimant has suffered serious injuries and that he was laid up in the hospital for more than three months, we feel that a compensation of Rs.50,000/- would be reasonable on this count. Thus, the claimant is entitled to an additional compensation of Rs.30,000/- on this count. For future treatment expenses, Rs.5,000/- was awarded by the Tribunal, which appears to be very low. Ext.X1 certificate of disability shows that he has spent considerable amount for future treatment, for which we feel that a compensation of Rs.20,000/- would be reasonable. Thus, the claimant is entitled to an additional compensation of Rs.15,000/- on this count. As regards the compensation awarded under other heads, we feel that the MACA 2366/08 7 same is as reasonable and therefore, we are not disturbing the same. 12. In the result, the claimant is entitled to and additional compensation of Rs.1,48,500/-. He is entitled to interest at the rate of 7% per annum from the date of petition till realization and proportionate cost. The third respondent being the insurer of the offending vehicle, shall deposit the amount within two months from the date of receipt of a copy of this judgment before the Tribunal 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