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 3RD MARCH 2011 / 12TH PHALGUNA 1932 MACA.No. 384 of 2004() ---------------------- OPMV.212/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): APPELLANT/PETITIONER IN O.P.M.V. ---------------------------------------------- N.P.VARGHESE, AGED 28 YEARS, S/O.POULOSE, PUTHENPURAIL, NADAKKAL, P.O.KANIAMBETTA. BY ADV. SRI.T.KURIAKOSE PETER SRI.ABRAHAM P.GEORGE RESPONDENT(S): RESPONDENT IN O.P. (MV). --------------------------------------- 1. ABDUL AZEEZ, S/O.ABDULLA, EDAPPALA HOUSE, KANIYAMBETTA, WAYANAD. 2. A.IBRAYI, S/O.KUNHABDULLA, ANIYARATH HOUSE, KANIAMBETTA P.O. WAYANAD. 3. UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, KALLAI ROAD, CALICUT 673 002. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.384 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.212/1996 on the file of Motor Accidents Claims Tribunal, Wayanad, Kalpetta. In this appeal he challenges the judgment and award of the Tribunal dated May 13, 2003 awarding a compensation of Rs.27,650/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained cerebral concussion and other injuries in that accident that occurred on October 19, 1995 at about 7.15 p.m.: 2. The accident happened while the claimant was travelling in a jeep bearing Reg.No.KL-11/B 8610. When he reached near the Veterinary junction at Varadoor and getting down from the jeep, the driver of the jeep, the first respondent moved the vehicle forward and as a result of which the claimant fell down on the road. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166(1) of Motor Vehicles Act MACA.No.384/2004 2 claiming a compensation of Rs. 1,03,000/-. 3. Respondents 1 and 2, the driver and the owner of the offending jeep filed a joint written statement admitting the accident, but attributed negligence to the claimant. The third respondent, the insurer of the offending jeep filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A9 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 negligence of the first respondent and awarded a compensation of Rs. 27,650/- with interest @ 9% per annum from the date of petition till realisation and proportionate cost. 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 first respondent is not challenged in this appeal. Therefore, the only MACA.No.384/2004 3 question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.27,650/-. The break up of the compensation amount awarded is as under: Loss of earnings - Rs. 3,000/- Transportation - Rs. 2,500/- Extra nourishment - Rs. 500/- Damage to clothing - Rs. 250/- Treatment exp. - Rs. 3,400/- Pain and suffering - Rs. 6,000/- Disability - Rs. 12,000/- 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.2,500/- and awarded a lumpsum amount of Rs.12,000/- for the disability caused to the claimant. In Ext.A7 certificate issued by the Medical Board, it is seen that the claimant has suffered a permanent disability of 30%. In Ext.A7, the disability caused to the claimant was described as post traumatic S.N.H.L. with recurrent labyrinthine MACA.No.384/2004 4 vertigo. Taking into consideration the above aspect, we feel that the percentage of disability can be fixed at 15%. The monthly income of the claimant fixed by the Tribunal as Rs.2,500/- appears reasonable as no document is produced by him to show his occupation and income, though he claims to be painter. As the claimant was aged 21 at the time of the accident, a multiplier of 17 would be reasonable. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 76,500/- ( 15% x 2500 x 12 x 17). Thus on this count, the claimant is entitled to an additional compensation of Rs.64,500/-. 10. The Tribunal awarded Rs.6,000/- 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. 10,000/- would be reasonable on this count. 11. 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. 10,000/- would be reasonable on this count. As regards the compensation awarded under MACA.No.384/2004 5 other heads, we find the same to be reasonable and therefore we are not disturbing the same. 12. In the result, the claimant is found entitled to an additional compensation of Rs.78,500/-. He is entitled to interest @ 9% per 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.384/2004 6