IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 MACA.No. 809 of 2005(B) ----------------------------------- [O.P(MV).NO.110/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR] .................... APPELLANT/5TH RESPONDENT IN THE O.P: ---------------------------------------------------------------- UNITED INDIA INSURANCE COMPANY LIMITED, REPRESENTED BY ITS MANAGER, TP CLAIMS CELL, VETTUKATTIL BUILDINGS, JOSE JUNCTION, M.G.ROAD, KOCHI – 16. BY ADV. SRI.A.R.GEORGE. RESPONDENTS/CLAIMANTS/RESPONDENTS 1&2 IN THE O.P: ---------------------------------------------------------------------------------------- 1. MUHAMMED HANEEFA,(NOW MAJOR), S/O.K.P.UMMER, KUNHI PEEDIKAKKAL, PGK HOUSE, JEELANI NAGAR, P.O.CHERUMUKKU, TIRURANGADI TALUK. 2. K.T.NAZER, NAMBARATHIL HOUSE, PERUVALLOOR, P.O.PARAMBILPEEDIKA, MALAPPURAM. 3. KEEZHADATH HASSAN KOYA, S/O. MOHAMMED, PARAKKAT HOUSE, A.C.BAZAR, P.O.MOONNIYOOR, THIRURANGADI. 4. K.ABDULKHADAR HAJI, S/O. MARAKKAR, KOZHIKKAL HOUSE, P.O.CHEMMAD, TIRURANGADI. 5. MANDOTTIL HABEEB SULAIMAN, S/O. ABDUL KHADAR HAJI, TRIKKULAM, P.O.CHEMMAD, TIRURANGADI. R1 BY ADV. SRI.P.CHANDRASEKHAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 809 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 14th February, 2011 JUDGMENT Barkath Ali, J. Respondent No.5/Insurance Company in O.P.(MV) No.110 of 2001 on the file of the Motor Accidents Claims Tribunal, Tirur is the appellant. In this appeal the appellant challenges the judgment and award of the Tribunal dated May 11, 2004 awarding a compensation of Rs.7,93,000/- for the loss caused to the claimant on account of the injuries sustained by him in a motor accident. 2. The accident occurred on May 26, 2000 at about 3.55 p.m. at Manippadam. While the claimant was travelling in an auto-rickshaw bearing registration No.KL-10/E 4882 from A.C.Bazar to Chemmad due to the rash and negligent driving of the auto-rickshaw by the 2nd respondent, it dashed against a car bearing registration No.KRT 7876 coming from the opposite direction. The claimant sustained very serious injuries. Alleging negligence against the 2nd respondent, the claimant filed the O.P. before the Tribunal MACA 809/2005 2 under section 166 of the Motor Vehicles Act claiming a compensation of Rs.15 lakhs. 3. Heard the learned counsel for the Insurance Company and the learned counsel for the claimant. 4. The accident is not disputed. The finding of the Tribunal that the accident occurred due to negligence of the 2nd respondent driver of the offending auto-rickshaw is not challenged in this appeal. Therefore, the only question, which arise for consideration, is whether the compensation awarded by the Tribunal is excessive. 5. The claimant sustained the following injuries in the accident:- 1) Compressed fracture of the D5 and D6 of the vertebra and had affected with paraplegia. 2) Fracture of D3, D4, D5 and D6. 3) Fracture of three ribs and certain other injuries. 6. The Tribunal awarded a total compensation of Rs.7,93,000/-. Break up of the compensation awarded is as under:- MACA 809/2005 3 Loss of earning : Rs. 15,000 Transportation expenses : Rs. 7,500 Extra nourishment : Rs. 10,000 Damage to clothing : Rs. 500 Medical expenses including : Rs. 2,60,000 medical bills, attendant charges, hospitalization, future medical treatments, incidental expenses, etc. Pain and suffering : Rs. 50,000 Permanent partial disability : Rs. 1,50,000 Loss of earning power : Rs. 2,50,000 Shortened expectancy of life, : Rs. 50,000 inconvenience caused throughout his life, loss of marriage prospects etc. ------------------ Total : Rs.7,93,000 ======= 7. The learned counsel or the appellant Insurance Company pointed out that the Tribunal awarded a compensation of Rs.1,50,000/- for permanent disability and another Rs.2,50,000/- for loss of earning power which is a duplication. He also pointed out that the Tribunal awarded Rs.1,85,000/- for treatment charges as the bills produced by the claimant covers only for Rs.1,16,729/-. We find some force in the above contention. 8. The Tribunal took the annual income of the MACA 809/2005 4 claimant as Rs.15,000/-, took the percentage of disability as 60% as shown in Ext.C1 certificate of disability, adopted a multiplier of 16 and awarded Rs.1,50,000/-for the disability caused. The Tribunal also awarded Rs.2,50,000/- for the loss of earning power, which in our view is a duplication. 9. The claimant was a boy aged 16 at the time of the accident. Therefore, we feel that his annual income can reasonably be fixed at Rs.20,000/-. It is certified in Ext.C1 certificate of disability that he had suffered 60% disability. The injury sustained on the spinal code has caused paraplegia and he was moving in a wheel chair and the Tribunal has noted that he was speaking with much difficulty. Therefore, we feel that the percentage of disability has to be taken as 100% in the present case. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.3,20,000/- (Rs.20,000/- x 16). Thus instead of Rs.2,50,000/- for loss of earning power and Rs.1,50,000/- for permanent disability, the claimant is entitled to Rs.3,20,000/- only. MACA 809/2005 5 10. The Tribunal awarded interest @ 6% per annum, which appears to be very low. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realization. As regards the compensation awarded under other heads, we find the same to be reasonable and not excessive. 11. In the result, the claimant entitled to a compensation of Rs.7,13,000/- only instead of Rs.7,93,000/- awarded by the Tribunal. He is entitled to interest @ 7.5% per annum from the date of petition till realization and proportionate cost. The appellant shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimants. 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.