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 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 MACA.No. 2119 of 2005() ----------------------- OPMV.1561/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): PETITIONER ----------------------- KONTHALAM, S/O.ISHA, RESIDING AT MANGAPARAYIL HOUSE, EAST MARADY KARA, MARADY VILLAGE, MUVATTUPUZHA. BY ADV. SMT.ANEY PAUL SRI.PHILIP J.VETTICKATTU RESPONDENT(S): RESPONDENTS --------------- 1. ALEXANDER THOMAS, S/O.THOMAS, MANIMACKAL HOUSE, RAMAPURAM KARA, KOTTAYAM DISTRICT. 2. V.A.ABDULKHADIR, S/O.AHAMED, VALLAKUDY HOUSE, ALLAPRA KARA, PERUMBAVOOR. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO LTD., PERUMBAVOOR. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2119 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2010 JUDGMENT Barkath Ali, J. Challenge in this appeal by the claimant under Section 173 of Motor Vehicles Act is to the judgment and award of Motor Accidents Claims Tribunal, Muvattupuzha dated June 30, 2005 in O.P.(MV) No.1561/2001 awarding a compensation of Rs. 2,92,000/- for the loss caused to the claimant on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal in brief are these : The appellant was riding his motor cycle bearing Reg.No.KL- 7/G.4358 from Marady to Muvattupuzha on August 30, 2001 at about 11.30 a.m. When he reached at Marady a lorry bearing Reg.No.KL- 4D/3562 came at a high speed and dashed against the motor cycle of the claimant. The rear wheel of the lorry ran over the left leg of the claimant causing a crush injury on the left leg which was later amputated. According to the claimant, the accident occurred due to MACA.No.2119/05 Page numbers the negligence of second respondent, the driver of the offending lorry. The first respondent as the owner, second respondent as the driver and the third respondent as the insurer of the offending lorry are jointly and severally liable to pay compensation to the claimants. 3. The respondents 1 and 2, the owner and driver of the offending lorry remained absent and were set ex parte by the Tribunal. The third respondent, the Insurance Company, filed a written statemetn admitting the policy and further contending that the accident occurred due to the negligence of the claimant. 4. PW1 was examined and Exts.A1 to A13 were marked for the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. 5. On an appreciation of evidence, the Tribunal awarded a compensation of Rs. 2,92,000/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the second MACA.No.2119/05 Page numbers respondent, the driver of the offending lorry 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. 2,92,000/-. The break up of the award amount is as under : Loss of earning - Rs. 5,000/- Transportation -Rs. 1,500/- Damage to clothing -Rs. 500/- Extra nourishment -Rs. 1,000/- Treatment expenses -Rs. 3,000/- Bystander's expenses -Rs. 1,000/- Pain and suffering -Rs. 25,000/- Disability -Rs. 2,44,800/- Loss of amenities -Rs. 10,000/- ------------------ Rs.2,91,800/- Rounded off to Rs. 2,92,000/- ========== 8. The claimant sustained a crush injury to the left leg which was amputated above knee. Ext.A7 is the copy of the wound certificate. Ext.A13 is the certificate of disability . Ext.A11 is the certificate of Medical Board which shows that the claimant has a disability of 80%. 9. Learned counsel for the appellant submits that the monthly MACA.No.2119/05 Page numbers income taken by the Tribunal as Rs. 1500/- per month for assessing the loss of disability caused and loss of earning power is very low and that at least the Tribunal should have taken Rs. 3000/- per month as the monthly income of the claimant. There is force in the above contention. The Tribunal took the monthly income of the claimant as Rs. 1500/- and took the multiplier of 17, taking into consideration the age of the claimant as 30 and the disability as 80% as assessed by the Doctor in Ext.A13 , the wound certificate issued by Orthopedic Surgeon and awarded a compensation of Rs. 2,92,000/-. Taking into consideration the fact that the claimant was aged 30 and was healthy and as there is no evidence to show that he was suffering from any ailment,we feel that his monthly income can be reasonably fixed at Rs. 3000/- per month. The percentage of disability as certified by the doctor in Ext.A13 and the multiplier adopted by the Tribunal are not seriously challenged. Thus calculated the claimant is entitled to a compensation of Rs. 4,89,600/- ( 80 % of 3000 x 12x 17) for the disability caused. The compensation awarded by the Tribunal under other heads is not questioned before us. MACA.No.2119/05 Page numbers 10. In the result, the claimant is entitled to an additional compensation of Rs.2,44,800/- He is entitled to interest @ 9% per annum from the date of petition till realisation. 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 claimant. The Appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.2119/05 Page numbers