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 11TH MARCH 2010 / 20TH PHALGUNA 1931 MACA.No. 1672 of 2004() ----------------------- OPMV.77/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT(S): PETITIONER ------------------------ KUNJAMMA VARGHESE, THANNISSERIL HOUSE, OOTTUPARA POST, ARUVAPPULAM VILLAGE, KONNI. BY ADV. SRI.PHILIP M.VARUGHESE SRI.SHABU VARGHESE SMT.NAJI LONAPPAN RESPONDENT(S): RESPONDENTS -------------------------- 1. MARIAMMA ZACHARIAH, MANNIL PUTHEN VEEDU(JOSE BHAVAN), VAKAYAR POST, KONNI. 2. J.THAMPI, S/O.R.JOY, MULLASSERY MURUPPEL, ANGADIAL POST, PATHANAMTHITTA. 3. THE BRANCH MANAGER, NEW INDIA ASSURANCE CO LTD., PATHANAMTHITTA. ADV. SMT.M.HEMALATHA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1672 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.77/1995 of Motor Accidents Claims Tribunal, Pathanamthitta challenges the judgment and award of the Tribunal dated May 24, 2004 awarding a compensation of Rs. 41,000/- for the loss caused to him on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal in brief are these : The claimant is a lady aged 56. According to her, she is doing agricultural work earning Rs. 2,000/- per month. On August 4, 1994 at about 10.00 a.m., she was pillion riding on a scooter bearing Reg.No.KRU 6142 ridden by her son along Konny-Pathanamthitta road. When they reached at Kollanpady junction, a bus bearing Reg.No.KRB 3486 driven by second respondent came at a high speed and knocked them down. Claimants sustained very serious injuries. MACA.No.1672/04 2 According to the claimant, the accident occurred due to rash and negligent driving of the offending bus by second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending bus are jointly and severally liable to pay compensation to the claimant. Claimant claimed a compensation of Rs. 3lakhs. 3. First respondent, the owner of the offending bus filed a written statement admitting the accident, but contending that the accident occurred due to the negligence of the rider of the motor cycle. Second respondent, the driver of the offending bus remained absent and was 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 Exts.A1 to A9 were marked on her side before the Tribunal. No evidence was adduced by contesting respondents 1 and 3. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending bus by second respondent and awarded a compensation of Rs. 41,000/-. The claimant has now come up in MACA.No.1672/04 3 appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the 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 second 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. 41,000/-. The break up of the award amount is as under : Loss of earning -Rs. 6,000/- Transport to hospital -Rs. 2,000/- Medical expenses -Rs. 9,000/- Bystander's expenses -Rs. 3,000/- Pain and suffering -Rs. 5,000/- Disability -Rs. 16,000/- ------------------ Total -Rs. 41,000/- =========== 8. The counsel for the appellant/claimant sought enhancement of compensation for the disability caused and pain and suffering MACA.No.1672/04 4 endured by the claimant. It is also pointed out by the counsel for the claimant that no compensation was awarded for the loss of amenities and enjoyment of life. There is force in the above contention. 9. The claimant sustained the following injuries : Fracture clavicle(Rt), serious head injury pelvic fracture(Rt) both upper and inferior public region multiple laceration. 10. Ext.A9 is the certificate of disability issued from the Medical College Hospital, Kottayam which is shows that the claimant has now 11% disability. She was aged 56. The Tribunal took the monthly income of the claimant as Rs. 1500/- and accepted the 11% disability noted in Ext.A9 and adopted a multiplier of 8 and awarded a compensation of Rs. 16,000/- towards disability caused. 11. Taking into account the fact that the claimant was working as an agriculturist as testified by her as PW1, we feel that her monthly income can be reasonably fixed at Rs. 2,000/-. The percentage of disability and the multiplier adopted by the Tribunal are not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 21,120/- ( 11% x 2000 x 12 x 8). MACA.No.1672/04 5 Thus on this count, the claimant is entitled to an additional compensation of Rs. 5,120/-. 12. For the pain and suffering endured by the claimant, the Tribunal awarded a compensation of Rs. 5000/- which appears to be very low. Taking into account the nature of the injury sustained by the claimant, we feel that a compensation of Rs. 10,000/- would be reasonable on this count. Thus on this count, the claimant is entitled to an additional compensation of Rs. 5,000/-. 13. There is another aspect in this case. The Tribunal awarded Rs. 6000/- for loss of earnings i.e. for four months @ Rs. 1500/- per month. We have fixed the monthly income of the claimant as Rs. 2,000/-. Therefore, on this count, the claimant is entitled to a compensation of Rs. 8,000/-. Thus on this count, the claimant is entitled to an additional compensation of Rs.2,000/-. Regarding the compensation awarded under other heads, we find the same to be reasonable . Therefore, we are not disturbing the same. 14. In the result, the claimant is entitled to an additional compensation of Rs. 12,120/-. She is entitled to interest @ 9% per MACA.No.1672/04 6 annum from the date of petition till realisation 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.1672/04 7 MACA.No.1672/04 8