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 27TH MAY 2010 / 6TH JYAISHTA 1932 MACA.No. 368 of 2010() ---------------------- OPMV.1030/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER -------------- M.RAMESH,S/O.MANI AGED 43 YEARS, KUMMUNGAL HOUSE, AMBILOLI, PANTHEERANKAVU POST, KOZHIKODE DISTRICT. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENT(S): RESPONDENTS -------------------------- 1. K.MUHAMMED, S/O.ABDURAHIMAN AGE NOT KNOWN RESIDING AT THAMARAPOYIL HOUSE, VELLAYIKODU P.O.,KOZHIKODE DISTRICT (OWNER OF MINI BUS BEARING REG.NO.REG.NO.KL-11- N-5134) 2. THE NEW INDIA ASSURANCE CO.LTD., DIVISIONAL OFFICE, SILVER PLAZA BUILDING INDIRA GANDHI ROAD, KOZHIKODE (INSURER OF MINI BUS BEARING REG.NO. KL-11-N-5134) ADV. SMT.T.C.SOWMIAVATHY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 368 of 2010 ------------------------------------------------------ Dated: MAY 27, 2010 JUDGMENT Barkath Ali, J. In this appeal under sec.173 of the Motor Vehicles Act the claimant in OP(MV) 1030/2006 on the file of the Motor Accidents Claims Tribunal, Kozhikode, challenges the judgment and award of the Tribunal dated August 26, 2009 awarding a compensation of Rs.56,550/- for the loss caused to the claimant on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal in brief are these: The claimant was aged 43 at the time of the accident and used to earn Rs.5000/- per month, according to him, doing coolie work. On December 9, 2005 at about 1.30 a.m. the claimant was walking from Perumanna to Pantheerankavu and when he reached at Parakandam junction, a mini bus bearing registration No.KL-11-N-5134 came at a high speed and and knocked him down. The claimant sustained serious injuries. According to the claimant the accident occurred due to the rash and negligent driving of the offending mini lorry by its driver. The 1st respondent as the owner and the 2nd respondent as the insurer of the offending mini lorry are jointly and severally liable to pay compensation to the claimant. The claimant claimed a M.A.C.A. 368 of 2010 2 compensation of Rs.2 lakhs. 3. Respondent No. 1, the owner of the offending vehicle, remained absent before the Tribunal. The 2nd respondent, insurer of the offending vehicle, filed a written statement admitting the policy. 4. Exts.A1 to A6 series and Ext.C1 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting 2nd respondent. On an appreciation of evidence the Tribunal awarded a compensation of Rs.56,550/- with interest at 7% per annum from the date of the 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 that the accident occurred due to the negligence on the part of the driver of the offending vehicle 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, issued from the Medical College Hospital, Kozhikode: M.A.C.A. 368 of 2010 3 “supra condylar fracture left femur type 1 compound, lacerated wound left cheek and multiple injuries all over body.” Ext.A3 discharge summary issued from the Medical College Hospital, shows that he was admitted on 9.12.2005 and discharged on 14.12.2005. Ext.A4 reference card shows that the petitioner was again admitted in the hospital on 31.8.2007 and discharged on 7.9.2007. Ext.C1 certificate of disability issued by the Medical Board shows that he has a disability of 8%. 8. The Tribunal awarded a total compensation of Rs.56,550/-. The break up of the compensation awarded is as under:- loss of earnings - Rs.3000/- bystander's expenses - 1500/- transport to hospital - 500/- damage to clothing - 250/- treatment expenses - 5000/- pain and suffering - 17500/- disability - 28800/- 9. The Tribunal took the monthly income of the claimant as Rs.2000/- and adopted a multiplier of 15 and assessed the disability at 8% and awarded a compensation of Rs.28,800/- for the disability M.A.C.A. 368 of 2010 4 caused. As the claimant was aged only 43 and was doing coolie work, we feel that his monthly income can be reasonably estimated at Rs.2500/-. The percentage of disability assessed as well as the multiplier 15 adopted are not seriously challenged. Therefore for the disability caused, the claimant is entitled to a compensation of Rs.36,000/- (8% of 2500 x 12 x 15). Thus on this count the claimant is entitled to an additional compensation of Rs.7200/-. 10. Towards loss of earnings, the Tribunal awarded a compensation of Rs.3000/- i.e. for 1½ months at the rate of Rs.2000/- per month. We have fixed the monthly income of the claimant as Rs.2500/-. The nature of the injuries sustained by him shows that the claimant must have been disabled for three months. Therefore towards loss of earnings, he is entitled to a compensation of Rs.7500/- (2500 x 3), i.e. an additional compensation of Rs.4500/-. 11. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 12. There is another aspect. The Tribunal awarded interest at the rate of 7% per annum which appears to be very low. We feel that interest at the rate of 7.5% per annum would be reasonable. 13. Thus the claimant is entitled to an additional compensation M.A.C.A. 368 of 2010 5 of Rs.11,700/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. The 2nd 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 mt/-