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 16TH FEBRUARY 2011 / 27TH MAGHA 1932 MACA.No. 2752 of 2009() ------------------------------------ OP(MV) .391/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): PETITIONER ------------------------------------------ AHAMMED UNNI, S/O.VAPPU HAJI, KAKKIDITHODI VALAPPIL, KOODALLUR POST, ANAKKARA AMSOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.R.VENUGOPAL SRI.R.SREEHARI RESPONDENT(S): RESPONDENTS 2 & 3 ----------------------------------------------------------- 1. THE MANAGING PARTNER, M/S.JOMOL TRADING COMPANY, MR.JOMOL, KOMATH VEEDU, KANDASSAMKADAVU POST, THRISSUR DIST. 2. THE NEW INDIA ASSURANCE COMPANY LTD, BRANCH OFFICE, THRISSUR. R1 BY ADV. SRI.P.B.KRISHNAN SMT.GEETHA P.MENON R2 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 2752 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 16th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.391 of 2003 on the file of the Motor Accidents Claims Tribunal, Ottapalam. In this appeal he challenges the judgment and award of the Tribunal dated April 26, 2005 awarding a compensation of Rs. 60,200/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on February 24, 2003 at about 1.30 p.m. at Kodanad. While the claimant along with another passenger were travelling in an auto-rickshaw baring registration No.KL 10D 2553, it collided head on with a lorry bearing registration No.KL 8F 9682, driven by the 1st respondent. He sustained very serious injuries. Alleging negligence against the 1st respondent, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of MACA 2752/2009 2 Rs.1,50,000/-. 3. Respondents 1 to 3 were the driver, owner and insurer of the offending lorry. Respondents 1 and 2 remained absent before the Tribunal. The 3rd respondent, the insurer of the offending lorry, filed a written statement admitting the policy but denied the negligence of the 1st respondent driver of the lorry. This petition was jointly tried along with another O.P.(MV) No.385 of 2003 filed by another injured person in the same accident and a common award was passed. 4. PWs.1and 2 were examined and Exts.A1 to A21 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 of the 1st respondent driver of the offending lorry and awarded a compensation of Rs.60,200/- with interest @ 6% p.a. from the date of petition till realization and cost of Rs.650/-. The claimant has come up in appeal challenging the quantum of compensation awarded by the MACA 2752/2009 3 Tribunal. 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 1st 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 claimant sustained lacerated wound scapula, abrasion on face, left shoulder, left forearm, left knee and haematoma left eyelid, fracture mandible right condyle + left scapula, 2nd and 3rd ribs, diabetic, dental consultation done wiring done for fracture symphasis, screw plate for fracture right mandibular condyle. 8. The Tribunal awarded a total compensation of Rs.60,200/-. Break up of the compensation awarded is as under:- MACA 2752/2009 4 Pain and suffering : Rs. 15,000 Medical bills : Rs. 23,000 Bystander's expenses : Rs. 1,200 Extra nourishment : Rs. 2,500 Loss of income : Rs. 6,000 Disability caused : Rs. 10,000 Transportation expenses : Rs. 2,500 ------------------ Total : Rs.60,200 ======= 9. The learned counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. He has pointed out that no compensation was awarded for loss of amenities and enjoyment in life. 10. The Tribunal awarded a consolidated sum of Rs.10,000/- for disability caused. The claimant as PW1 testified that he was conducting a provision shop earning Rs.4,000/- per month. Ext.A16 is the registration certificate issued by the Labour Officer, Shoranur. Ext.A14 is the certificate issued by the Kerala Vyapara Vyvasaya Ekopana Samithi. Taking into consideration all these aspects, we feel that his monthly income can reasonably be fixed at Rs.3,000/-. He has suffered a disability of 19% as certified MACA 2752/2009 5 by PW2 Medical Officer. Taking into consideration the nature of the disability caused to the claimant, we feel that percentage of disability can be fixed at 10%. As he was aged 50 at the time of the accident, multiplier of 11 would be reasonable. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.39,600/- (Rs.3,000/- x 12 x 11 x 10%). Thus the claimant is entitled to an additional compensation of Rs. 29,600/- on this count. 11. No separate compensation was seen awarded for loss of amenities and enjoyment in life. Taking into consideration the nature of the injuries sustained, we feel that a compensation of Rs.15,000/- would be reasonable on this count. 12. 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 realization. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. MACA 2752/2009 6 13. In the result, the claimant is found entitled to an additional compensation of Rs.44,600/-. He is entitled to interest @ 7.5% per annum from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. The 3rd respondent, insurer of the offending lorry, 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 modified to the above extent. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn