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. 1126 of 2009() ----------------------------------- OP(MV) .1149/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------------------------- KUNHUMON, S/O. ALFONSA, AGED 52 YEARS, RESIDING AT KALLADANKANDI KUNIYIL HOUSE NADUVANNUR POST, (VIA) KOYILANDY,KOZHIKODE. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.PRAISHEEL PRAKASAM RESPONDENT(S)/ RESPONDENTS ------------------------------------------------- 1. K.BIJU, S/O. SANKARAN AGE NOT KNOWN, RESIDING AT KAKKATTIL HOUSE, ULLIYERI POST, KOYILANDY, KOZHIKODE. 2. UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE-2,MAVOOR ROAD JUNCTION, KOZHIKODE. R2 BY ADV. SRI.S.ARUN RAJ 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. 1126 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 16th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.1149 of 2002 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode. In this appeal he challenges the judgment and award of the Tribunal dated March 12, 2008 awarding a compensation of Rs. 6,150/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident occurred on February 3, 2002. While the claimant was travelling in an auto-rickshaw bearing registration No.KL-11/K-6923 from Velleri to Kakkancheri and reached near the mosque at Kakkattil, it capsized due to rash and negligent driving of the auto-rickshaw by its driver, the first respondent. The claimant sustained injuries and he filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of MACA 1126/2009 2 Rs.60,000/-, alleging negligence against the driver of the offending auto-rickshaw. 3. The 1st respondent is the owner-cum-driver of the auto-rickshaw. He remained absent before the Tribunal. The 2nd respondent, insurer of the auto-rickshaw filed a written statement admitting the policy but contended that the driver was not holding a valid driving licence at the time of the accident. 4. PW1 was examined and Exts.A1 to A5 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 the negligence of the driver of the auto-rickshaw and warded a compensation of Rs.6,150/- with interest @ 7.5% p.a. from the date of petition till realization. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. MACA 1126/2009 3 6. The accident is not disputed. The only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 7. The learned counsel for the claimant sought enhancement of compensation for loss of amenities and enjoyment in life and for pain and suffering endured. He has pointed out that no compensation was awarded by the Tribunal for the disability caused. 8. The claimant sustained contused abrasion of right forearm and hand (10 x 5 cm.), crush injury of left index finger and difficulty in extending right little finger. 9. The Tribunal awarded a total compensation of Rs.6,150/-. Break up of the compensation awarded is as under:- Medical bills : Rs. 642 Pain and suffering : Rs. 2,500 Loss of amenities : Rs. 1,000 Transportation expenses : Rs. 500 ------------------ Total : Rs. 6,142 Rounded to : Rs. 6,150 ======= MACA 1126/2009 4 10. It is seen from the award of the Tribunal that the Medical Board has certified that the claimant had suffered 4% permanent disability, which appears to be reasonable. Therefore, in our view, the claimant is entitled to a compensation for the disability caused. The claimant was a head load worker aged 52. Therefore, we feel that his monthly income can reasonably be fixed at Rs.2,500/-. As he was aged 52, the multiplier of 11 would be reasonable in this case. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.13,200/- (Rs.2,500/- x 12 x 11 x 4%). 11. The Tribunal awarded Rs.1,000/- for loss of amenities and enjoyment in life and Rs.2,500/- for pain and suffering endured by the claimant. Taking into consideration the nature of the injuries sustained, we feel that a compensation of Rs.3,000/- for loss of amenities and enjoyment in life and Rs.5,000/- for pain and suffering endured would be reasonable. As regards the compensation awarded under other heads, we find the same to be MACA 1126/2009 5 reasonable and therefore, we are not disturbing the same. 12. In the result, the claimant is found entitled to an additional compensation of Rs.17,700/- with interest @ 7.5% per annum from the date of petition till realization and proportionate cost. The 2nd respondent Insurance Company 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