IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 MACA.No. 285 of 2004() ---------------------- OPMV.701/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): APPELLANT/APPLICANT: ---------------------------------- SHIBU, S/O. MUHAMMED ALI, T.C.13/718, NEAR MOOLAVILAKOM, KUNNUKUZHI. P.O., THIRUVANANTHAPURAM-37. BY ADV. SRI.NAGARAJ NARAYANAN SRI.NAIR AJAY KRISHNAN SRI.SAIJO HASSAN SRI.A.S.SABU RESPONDENT(S): RESPONDENTS: --------------------------- 1. A. ABOOBACKER, NO.578, M.S. ROAD, KRISHNANCOIL, NAGERCOIL, K.K. DISTRICT, TAMIL NADU. 2. GOPI, S/O. MUTHAYYAN, SADAIVIBI PUTHEN VEEDU, NEAR ERAMIYAL HIGH SCHOOL, NEYYOOR P.O., KANAYAKUMARI DISTRICT, TAMIL NADU. 3. M/S. ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, THAKARAPARAMBU JUNCTION, PAZHAVANGADI, THIRUVANANTHAPURAM. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.285 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of June, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.701/1999 of Motor Accidents Claims Tribunal, Thiruvananthapuram challenges the judgment and award of the Tribunal dated July 10, 2003 awarding a compensation of Rs. 2,37,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these : The claimant was a Diploma holder in Pharmacy and aged 24 at the time of the accident. On May 20, 1999 at about 12.30 a.m., he was riding his motor cycle bearing Reg.No. KL 01 G 5276 along Thiruvananthapuram-Neyyattinkara National Highway. When he reached at Vanitha Polytechnic at Eramankara, he was knocked down by the lorry bearing Reg.No.TN 69/6799 owned by the first respondent and driven by the second respondent. Claimant was thrown on the MACA.No.285/2004 2 road and the front tyre of the lorry ran over his left hand and his left hand had to be amputated above the elbow. According to the claimant, accident occurred due to the rash and negligent driving of the offending lorry by second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending lorry are jointly and severally liable to pay compensation to the claimant. Claimant claimed a compensation of Rs. 10 lakhs. 3. First respondent, the owner of the offending lorry remained absent and was set ex-parte by the Tribunal. The second respondent, the driver of the offending lorry filed a written statement admitting the accident, but attributed negligence on the part of the claimant. The third respondent the insurer of the offending lorry filed a written statement admitting the policy.. 4. Pws 1 and 2 were examined and Exts.A1 to A15 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 rash and negligent driving of the offending lorry by second respondent MACA.No.285/2004 3 and awarded a compensation of Rs. 2,37,000/- with interest @ 9% per annum from the date of 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 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. Ext.A4, copy of the wound certificate and Ext.A8, Referral Card shows that left hand of the claimant has to be amputated above the elbow due to the injury sustained. Ext.A9, disability certificate, shows that claimant has a disability of 70% and Ext.A10 issued by PW2, Orthopeadic Assistant Professor, Medical College Hospital, Thiruvananthapuram shows that claimant has a disability of 60%. 8. The Tribunal awarded a total compensation of MACA.No.285/2004 4 Rs.2,37,000/-. The break up of the compensation awarded is as under : Pain and suffering - Rs. 15,000/- Bystander expenses - Rs.1,500/- Transportation - Rs. 500/- Loss of income - Rs. 6,000/- Medical expenses - Rs.10,000/- Disability - Rs.2,04,000/- 9. Counsel for the claimant sought enhancement of the compensation for the disability caused. 10. The Tribunal took the monthly income of the claimant as Rs. 2,000/- and took the percentage of disability as 50% and adopted a multiplier of 17 and awarded Rs. 2,04,000/- for the disability caused. Taking into consideration the fact that the claimant was a diploma holder in Pharmacy as proved by Exts.A13 and A14, we feel that his monthly income can be reasonably fixed at Rs. 2,500/-. The percentage of disability assessed by the Tribunal as well as the multiplier adopted are not seriously challenged. Thus calculated for the disability caused and for consequential loss of earning power, claimant is entitled to a compensation of Rs. 2,55,000/- ( 50% x 2500 x 12 x 17). Thus on this count claimant is entitled to an additional compensation of Rs. 51,000/-. As regards the compensation awarded under other heads, MACA.No.285/2004 5 we find the same to be reasonable and therefore are not disturbing the same. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 51,000/-. 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.285/2004 6