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 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 MACA.No. 1381 of 2004() ----------------------- OPMV.1143/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): APPELLANT/APPLICANT: ---------------------------------- V.L.KISHORE,AGED 23 YEARS, S/O.GANGADHARAN NADAR, T.21/1544/1, KONATHU VEEDU, NEDUMKADU, KARAMANA P.O. THIRUVANANTHAPURAM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.SABU SREEDHARAN SRI.VIMAL KUMAR.A.V. SRI.A.G.GIRISH KUMAR RESPONDENT(S): RESPONDENTS: --------------------------- 1. RAJENDRAN.K. THADATHARIKATHU VEEDU, KANDHARUVILA, AMBOORI P.O. NEYYATTINKARA. 2. SHAJI.P. LAILA MANZIL, MOTTAMULLA P.O. KATTAKKADA. 3. UNITED INDIA INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, CWC BUILDING, LMS COMPOUND, PALAYAM, THIRUVANANTHAPURAM. 4. J.C.K.NAIR, AIR FORCE STATION, NAL, BEKANIRE, RAJASTHAN. 5. VISHNU, PADMA SADHANAM, KAKKAKONAM, MUDIYAVILA, KATTAKKADA P.O. THIRUVANANTHAPURAM. 6. M/S.ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, THAKARAPARAMBU JUNCTION, PAZHAVANGADI, THIRUVANANTHAPURAM. ADV. SRI.A.R.GEORGE FOR R3 SRI.VPK.PANICKER FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1381 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of September, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1143/1998 on the file of Motor Accidents Claims Tribunal,Neyyattinkara. He sustained the following injuries in a motor accident that occurred on August 5, 1998 at about 11.20 A.M. Tenderness on the lumbo sacral region, upper ( L) central and lateral incisors broken, fracture L4 vertebra, abrasion over forehead. 2. The accident happened while the claimant was pillion riding on a scooter bearing Reg.No.KL-01-M-1965 ridden by the fifth respondent along Kattakada-Malayinikil public road and reached near Kottapuram bus stand, the fifth respondent tried to overtake a K.S.R.T.C. bus going in front and he lost his control and the scooter dashed against a car bearing Reg.No.KL-01-G-4334 driven by the second respondent. First respondent is the owner, second respondent is the driver and third respondent is the insurer of the car. Fourth MACA.No.1381/2004 2 respondent is the owner, fifth respondent is the rider and sixth respondent is the insurer of the scooter. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 2,00,000/-. 3. Respondents 1, 2, 4, and 5 remained absent before the Tribunal. Respondents 3 and 6, the Insurance Companies, filed written statements admitting the policy of the vehicles , but attributed negligence to the driver of the other vehicle. 4. Pw 1 was examined and Exts.A1 to A7 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the negligence of the drivers of both vehicles and awarded a compensation of Rs. 32,650/- 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. MACA.No.1381/2004 3 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 drivers of both the vehicles 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 break up of the compensation awarded is as under : Transportation - Rs. 1,000/- Treatment exp. - Rs 1,000/- Damage to clothing - Rs. 250/- Disability - Rs.14,400/- Loss of amenities - Rs. 6,000/- Pain and suffering - Rs.10,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused and for loss of amenities and enjoyment of life. 9. The Tribunal took the monthly income of the claimant as Rs.1,250/-, took the percentage of disability as 6%, adopted a multiplier of 16 and awarded Rs. 14,400/- for the disability caused. the claimant was aged only 17 at the time of the accident. Therefore we MACA.No.1381/2004 4 feel that the notional monthly income of the claimant can be reasonably fixed at Rs. 1500/-. The Tribunal took the percentage of disability as 6% which appears to be on the lower side. In Ext.A7 disability certificate issued from the Medical College Hospital, Thiruvananthapuram, the doctor assessed his disability as 15%. Taking into consideration the above aspect, we feel that the percentage of disability can be reasonably fixed at 10%. The multiplier adopted by the Tribunal as 16 is not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 28,800/- ( 10% x 1500 x 12 x 16). Thus on this count, the claimant is entitled to an additional compensation of Rs.14,400/-. 10. The Tribunal awarded Rs.6,000/- for loss of amenities and enjoyment in life which is very low. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensated of Rs. 10,000/- would be reasonable on this count. As regards the compensation awarded under other heads, 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 MACA.No.1381/2004 5 compensation of Rs. 18,400/-. 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. The third sentence of paragraph 11 of the judgment dated 13/09/2010 in M.A.C.A.1381/2004 regarding “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.” is corrected and substituted as “Respondents 3 and 6 being the insurers of the offending vehicles shall deposit the MACA.No.1381/2004 6 amount before the Tribunal within two months from the date of receipt of a copy of this judgment.”, as per order dated 10/01/2011 in I.A.3129/2010 in M.A.C.A.1381/2004. Sd/- Registrar ( Judicial) MACA.No.1381/2004 7 MACA.No.1381/2004 8