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 18TH OCTOBER 2010 / 26TH ASWINA 1932 MACA.No. 230 of 2005() ----------------------------- OPMV.845/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER ------------------------------ SARAFUDHEEN, S/O. MOHAMMED, THALLITHODIKA HOUSE, ULLANAM P.O., MALAPPURAM DISTRICT. BY ADVS. SRI.P.SAMSUDIN SRI.P.BABU KARTHIKEYAN. RESPONDENT(S): RESPONDENTS --------------------------------------- 1. CHAMDAN S/O. KUNJUPILLAI, PALARAVILAYIL HOUSE, THENGAMAM, PATHANAMTHITTA (DRIVER) 2. MUSTHAFA, S/O. ALAVI, PALAKKADA HOUSE, KOORIYAD, PALAKKAD DISTRICT (OWNER) 3. UNITED INDIA ASSURANCE CO.LTD., MANJERI. R3 BY ADV. SRI.N.S.MOHAMMED USMAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 230 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 18th day of October, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No. 845 of 1999 on the file of the Motor Accidents Claims Tribunal, Manjeri. He sustained the following injuries in a motor accident that occurred on July 22, 1998 at about 1 p.m. at Pantharangadi on Koonur – Ullanam road:- 1) Compound fracture right leg. 2) 3 x 3 x 2 c.m. deep lacerated wound right leg middle one third, anterior aspect. The accident happened while the claimant was pillion riding on a scooter bearing registration No.KL-10/A-9578 it dashed against an auto-rickshaw bearing registration No.KL-10/F-8085. Alleging negligence against the 1st resplendent, rider of the scooter, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.2,50,000/-. MACA 230/2005 2 3. Respondents 1 and 2, rider and owner of the offending scooter, remained absent before the Tribunal. The 3rd respondent, insurer of the offending scooter, filed a a written statement admitting the policy and contended that there was also negligence on the part of the driver of the auto-rickshaw involved in the accident. Exts.A1 to A7 and X1 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 negligence on the part of 1st respondent and awarded a compensation of Rs.17,140/- with interest @ 6% p.a. from the date of petition till realization and a cost of Rs.1,800/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 1st respondent is not seriously challenged MACA 230/2005 3 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 Rs.17,140/-. Break up of the compensation awarded is as under:- Transport to hospital : Rs. 500/- Extra nourishment : Rs. 1800/- Bystander's expenses : Rs. 1800/- Medical expenses : Rs. 740/- Pain and suffering : Rs. 7500/- Disability : Rs. 4800/- ------------------ Total : Rs.17140/- ======= 7. The learned counsel for the appellant/claimant has mainly sought enhancement of compensation for the disability caused and on other heads. 8. The Tribunal took the annual income of the claimant as Rs.15,000/-, adopted multiplier 16, took the percentage of disability as 2% as shown in Ext.X1 certificate issued by the Medical Board and awarded Rs.17,140/- towards disability caused. The claimant was a coolie, aged MACA 230/2005 4 20 and earning Rs.3,000/- per month, according to the claimant. Taking into consideration the above aspect, we feel that the monthly income of the claimant can reasonably be fixed at Rs.2,000/-, which comes to Rs.24,000/- per annum. Multiplier adopted by the Tribunal as 16 and disability as 2% are not seriously challenged in this appeal. Therefore for the disability caused the claimant is entitle to a compensation of Rs.7680/- (24,000/- x 16 x 2/100). Thus on this count, the claimant is entitled to an additional compensation of Rs.2,880/-. 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 entitled to an additional compensation of Rs.2,880/-. The Tribunal awarded interest only @ 6% per annum, which appears to be very low. He is entitled to interest @ 7.5% from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. The 3rd respondent being the insurer of the offending scooter shall MACA 230/2005 5 deposit the amount 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. mn