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 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 MACA.No. 244 of 2008() ---------------------- OPMV.777/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- SHEEJA ABRAHAM, AGED 23 YEARS D/O.ABRAHAM, W/O.GARVASIS, THENGADA HOUSE EDAVAKA P.O., KALLODY, MANANTHAVADY TALUK. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): RESPONDENTS -------------------------- 1. P.S.SHAJI, AGED 26 YEARS, S/O.SAIMON PULIKKAL HOUSE, NADAVAYAL, VYTHIRI TALUK (DRIVER OF THE JEEP NO.KL-10-H/4543) DL.NO.613/92-W. 2. M.V.JOY, AGE NOT KNOWN, S/O.VARGHESE MUNDAKKAL HOUSE, P.O. MEENANGADY BATHERY TALUK. (OWNER OF THE JEEP NO. KL-1 0II/4543). 3. NATIONAL INSURANCE COMPANY KALPETTA LOCAL BRANCH OF THE INSURER MANJERY BRANCH, PANDIKKAD ROAD POLICY NO.570305/31/98/10046/E/413/99 FROM 26.7.1999 TO 25.3.2000. ADV. SRI.S.EASWARAN FOR R1 SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.244 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.777/1999 on the file of Motor Accidents Claims Tribunal, Kalpetta. In this appeal she challenges the judgment and award of the Tribunal dated April 13, 2007 awarding a compensation of Rs.72,790/- for the loss caused to her on account of the injuries sustained by her in a motor accident. She sustained the following injuries in that accident that occurred on October 16, 1999 at about 4.45.a.m. : Open fracture dislocation of the left wrist, fracture left humerus and lacerated wound over left hand 5 x 2 cm. 2. The accident happened while the claimant was travelling in the jeep bearing Reg.No.KL-10/H 4543 driven by first respondent from Nadavayal to Goodalloor. When she reached at S.Bathery near Santhosh Talkies, due to the negligence of the driver of the jeep, the jeep capsized. Alleging negligence against the second respondent, the MACA.No.244/2008 2 claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 1,50,000/-. 3. Respondents 1 and 2, the driver and the owner of the offending jeep remained absent before the Tribunal. The third respondent, the insurer of the offending jeep filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A19 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 jeep by first respondent and awarded a compensation of Rs. 72,790/- with interest @ 6% per annum from the date of petition till realisation. 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 MACA.No.244/2008 3 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 Tribunal awarded a total compensation of Rs.72,790/-. The break up of the compensation amount awarded is as under: Disability - Rs. 42,840/- Loss of earning - Rs. 2,500/- Transport to hospital - Rs. 600/- Extra nourishment - Rs. 500/- Damage to clothing - Rs. 250/- Bystander expenses - Rs. 600/- Medical expenses - Rs. 20,500/- Pain and suffering - Rs. 5,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused and for pain and suffering endured. He pointed out that no compensation was awarded for loss of amenities and enjoyment of life. 9. The Tribunal took the monthly income of the claimant as Rs.2,100/- and took the percentage of disability as 10% and took a multiplier of 17 as she was aged 23 at the time of the accident and awarded Rs. 42,840/- for the disability caused. The claimant was a MACA.No.244/2008 4 teacher in a parallel college earning Rs.5,000/- per month. Exts.A16 and A17 are the salary certificates issued from Prince College, Vythiri and Vidhya Bhavan Arts and Science College, Vythiri respectively. Under these circumstances, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 2,500/-. In Ext.A18 certificate of disability issued by the doctor from Leo Hospital, Kalpetta, it is certified that claimant has suffered a permanent disability of 40%. As directed by us, she has appeared before the Medical Board attached to Govt.General Hospital, Kozhikode. At present, she has the following disabilities : Ulnar nerve injury ( L) hand, non-union lower end of radius, united fracture shaft of humerus ( L). 10. Taking into account the nature of the disabilities caused to the claimant, we feel that the percentage of disability can be fixed at 30%. The multiplier as 17 taken by the Tribunal is not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.1,53,000/- (2500 x 12 x 17 x 30%) Thus on this count, the claimant is entitled to an additional compensation of Rs.1,10,160/-. MACA.No.244/2008 5 11. The Tribunal awarded Rs.5,000/- for pain and suffering endured by the claimant. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. 12. No compensation is seen awarded for loss of amenities and enjoyment in life. Having regard to the nature of the injuries sustained by the claimant, 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. 13. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum which appears to be very low. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. 14. In the result, the claimant is found entitled to an additional compensation of Rs.1,45,160/-. She is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation MACA.No.244/2008 6 already awarded and also for the enhanced compensation 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.244/2008 7