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 13TH OCTOBER 2010 / 21ST ASWINA 1932 MACA.No. 414 of 2006() ---------------------------- OPMV.366/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/APPLICANT. ----------------------------- NIGESH A.V. S/O.VASU @ BHASKARAN, KEDOLI VEEDU, NEAR MOSQUE, CHEKKIKKULAM, CHEKKIKULAM P.O. KANNUR DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENT(S): RESPONDENTS. ---------------------------------------- 1. THE MANAGING DIRECTOR,K.S.R.T.C. TRANSPORT BHAVAN, FORT PO, THIRUVANANTHAPURAM 23. 2. GIRIKUMAR, S/O.SANKARAN, S.G.BHAVAN, NEAR MURUKAN COIL, ANACODE, POOVACHAL, KATTAKKADA. R-1 BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 414 of 2006 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 13th day of October, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.366 of 2000 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram. He sustained the following injuries in a motor accident that occurred on November 18, 1999 at about 2.30 p.m. near Vellayani Junction, Thiruvananthapuram:- 1) Head Injury. 2) Multiple fractures involving the anterior, medial and posterior lateral aspects of both maxillary sinuses. 3) Blood in the both maxillary sinus and right nasal cavity. 4) Soft tissue swelling right orbital region and right maxilla area and left orbital region. 5) Fracture lateral wall of left orbit. 6) Fracture nasal bone right. 7) Fracture occipital bone in its lower part extending up to the posterior boarder of foramen magnum. MACA 414/2006 2 8) Haemorrhagic contusion left parietal region. 9) Communited fracture olecranon right elbow. 10)Communited Fracture lower end of left radius. 11) Loss of 6 nos. teeth (1 No. upper and 5 Nos. lower jaw). 12) Ellis Class I Fracture upper Central Incisor. 2. The claimant was aged 22 at the time of the accident and was earning Rs.6,000/- per month as a Medical Representative in a company called “Astra Zenec, according to him. The accident happened while he was riding a scooter bearing registration No.KL-01-Q 8003, he was knocked down by a K.S.R.T.C. bus bearing registration No. KL-15/093. Alleging negligence against the 2nd respondent, driver of the bus, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.5 lakhs. 3. The 1st respondent, Managing Director of the K.S.R.T.C. filed a written statement admitting the accident, but denied the liability. The 2nd respondent, driver of the MACA 414/2006 3 offending bus, remained absent before the Tribunal. PW1 was examined and Exts.A1 to A17 were marked on the side of the claimant. No evidence was adduced by the respondent. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the 2nd respondent and awarded a compensation of Rs.66,230/- with interest at 9% 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. 4. Heard learned counsel for the claimant and learned standing counsel for the K.S.R.T.C. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the 2nd respondent is not seriously challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 6. The Tribunal awarded a total compensation of MACA 414/2006 4 Rs.66,230/-. Break up of the compensation amount awarded is as under:- Loss of earnings : Rs. 12,000/- Medical and incidental : Rs. 1,000/- expenses . Transportation : Rs. 1,000/- Damage to clothing : Rs. 250/- Extra nourishment : Rs. 1,000/- Bystander's expenses : Rs. 1,500/- Pain and suffering : Rs. 15,000/- Permanent partial disability: Rs. 24,480/-: Loss of amenities : Rs. 10,000/- ------------------ Total : Rs.66.230/- ======== 7. Learned counsel for the claimant/claimant has mainly sought enhancement of the compensation for the disability caused. 8. The Tribunal took the monthly income of the deceased as Rs.1,000/-, took the percentage of disability as 12%, adopted a multiplier of 17 and awarded a compensation of Rs.24,480/- for the disability caused. For assessing the loss of earnings, the Tribunal took the MACA 414/2006 5 monthly income of the claimant as Rs.3,000/-. The claimant was employed as a Medical Representative in a company “Astra Zeneca” and used to earn Rs.3,500/-, as evidenced by Ext.A16 salary certificate. Therefore, in our view, for assessing loss of dependency also, his monthly income can reasonably be taken as Rs.3,000/-. Percentage of disability assessed by the Tribunal as 12% and multiplier adopted as 17 are found to be reasonable. Thus, calculated for the disability caused, the claimant is entitled to a compensation of Rs.73,440/- (Rs.3,000/- x 12 x 17 x 13%). Thus, the claimant is entitled to an additional compensation of Rs.48,960/- on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 9. In the result, the claimant is found entitled to an additional compensation of Rs.48,960/-. He is entitled to @ 9% from the date of petition till realization. The 1st respondent shall deposit the amount within two months from the date of receipt of a copy of this judgment with MACA 414/2006 6 notice to the claimant. The award of the Tribunal is modified as above. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn