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 7TH APRIL 2010 / 17TH CHAITHRA 1932 MACA.No. 1688 of 2004() ------------------------------------ OPMV.1408/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: -------------------------------------- AMINAKUTTY, AGD 55 YEARS, W/O.MOHAMMED SHA, MELETHODIKA HOUSE, ERUMAMUNDA P.O. BY ADV. SMT.K.V.RESHMI RESPONDENTS/RESPONDENTS: ------------------------------------------------ 1. KANAKKANCHERY, ABDUL NAZAR, S/O.ALI, MANNUPADAM, ERANHIMANGAD P.O. (DRIVER). 2. R. SIVANANDAN, S/O.GANGADHARAN, KANIKANDATH HOSUE, ERANHIMANGAD P.O. (OWNER). 3. ORIENTAL INSURANCE COMPANY LTD. P.O.MANJERI. R3 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE, ADV. SRI.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. A.K.BAHSEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 1688 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 7th day of April, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P. (MV) No.1408 of 2000 of Motor Accidents Claims Tribunal, Manjeri challenges the judgment and award of the Tribunal dated September 25, 2004 awarding a compensation of Rs.89,520/- for the loss caused to him, on account of the injuries sustained by her in a motor accident. 2. The facts leading to this appeal, in brief, are these:- The claimant is a lady, aged 55 at the time of the accident and used to earn Rs.50/- daily by doing coolie work, according to her. On January 11, 2000 at about 10 a.m. the claimant was travelling in a bus bearing registration No. KED 2509 from Erumamunda to Edavanna. When the bus reached at Valiyamthode, due to the negligence on the part of the driver of the bus, it went off the road and hit against a tree on the side of the road. The MACA 1688/2004 2 claimant sustained serious injuries. According to the claimant, the accident occurred due to the rash and negligent driving of the offending bus by the first respondent. First respondent as the driver, second respondent as the owner and third respondent as the insurer of the offending bus are jointly and severally liable to pay compensation to the claimant. The claimant claimed a compensation of Rs. 3,86,400/-. 3. Respondents 1 and 2, the driver and the owner of the offending bus remained absent and were set ex parte by the Tribunal. The third respondent, the insurer of the offending bus filed a written statement, admitting the policy. 4. Claimant was examined as PW1 and and Exts.A1 to A7 were marked on the side of the claimant before the Tribunal. The Tribunal, on an appreciation of evidence, awarded a compensation of Rs.89,520/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA 1688/2004 3 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 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 claimant sustained a fracture of both bones of left forearm, degloving of skin, contusion left calf and fracture scaphoid left. Ext.A2 is the copy of the wound certificate and Ext.A3 is the discharge card issued from the hospital. Below elbow amputation was done on 25-1-2000. She was in the hospital for 22 days. Ext.X1 certificate of disability issued from the Medical Board shows that the claimant has suffered 40% permanent disability. 8. The Tribunal awarded a total compensation of Rs.89,520/-. Break up of the compensation awarded is as under :- MACA 1688/2004 4 Transportation expense : Rs.1,000/- Medical expenses : Rs.9,880/- Extra-nourishment : Rs.1,100/- Bystander's expense : Rs.1,100/- Pain and sufferings : Rs.15,000/- Permanent disability : Rs.61,440/- -------------------- Total : Rs.89,520/- ======== 9. The learned counsel for appellant sought enhancement of compensation towards the disability caused, and pain and suffering endured by the claimant. 10. We find force in the above contention. The Tribunal took her monthly income as Rs.1,600/-, adopted a multiplier of 8 and awarded a compensation of Rs.61,440/- for the disability caused. Taking into consideration the fact that the claimant was aged 55 and even as a domestic servant, she may be earning at least Rs.2,000/- per month. We feel that her monthly income can reasonably be fixed as Rs.2,000/-. The percentage of disability shown in Ext.X1 and multiplier of 8 adopted by the Tribunal are not seriously challenged in this appeal. Therefore, towards disability caused, the claimant is entitled to a compensation of MACA 1688/2004 5 Rs.76,800/- (Rs.2,000/- x 12 x 8 x 40/100). Thus, on this count the claimant is entitled to an enhanced compensation of Rs.15,360/-. 11. For the pain and suffering endured by the claimant, the Tribunal awarded Rs.15,000/-, which appears to be very low. Taking into consideration the nature of the injuries sustained and the period of treatment the claimant undergone, we feel that Rs.20,000/- would be reasonable on this count. Thus, on this count, the claimant is entitled to an additional compensation of Rs.5,000/-. Regarding compensation granted under other heads also, we find the same just and proper. 12. In the result, the claimant is found entitled to an additional compensation of Rs.20,360/- . She is entitled to interest @ 9% 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 before the Tribunal within two months from the date of receipt of a copy of this judgment with notice to the MACA 1688/2004 6 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.