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 18TH FEBRUARY 2010 / 29TH MAGHA 1931 MACA.No. 330 of 2007() ---------------------- OPMV.3003/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER: ----------------------------------- MADHAVAN, S/O.KRISHNAN, POUVATTA HOUSE, P.O.POLPAKKARA, MALAPPURAM DIST., RESIDING WITH MR.P. JAYAKUMAR, THEKKEPATTU HOUSE, P.O.AYYANTHOLE, THRISSUR DISTRICT, REP. BY POWER OF ATTORNEY HOLDER WIFE, NARAYANIKUTTY. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU RESPONDENT(S): RESPONDENTS --------------- 1. SHAJIMON, S/O.ABOOBACKER, KAVUMPADATHU HOUSE, VATTOMKULAM P.O. 2. T. MOIDEENKUTTY, S/O.KUNJUTTY, THURAKKAL HOUSE, P.O.KUMARANELLOOR. 3. M/S.ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, THRISSUR. ADV. SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.330 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of February, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.3003/2000 challenges the judgment and award of the Motor Accidents Claims Tribunal, Thrissur dated March 1, 2005 awarding a compensation of Rs. 1,24,200/- for the loss caused to the claimant on account of the injury sustained in a motor accident. 2. The facts in brief are these : The claimant/appellant is a head load worker aged 40. On September 19, 2000 at about 3.30 p.m. while he was walking along the side of Mezhathur junction, a tempo trax bearing Reg. No.KL.9/C.406 came from behind and knocked him down causing serious injuries to him . According to the claimant, the accident occurred due to the rash and negligent driving of the offending vehicle by the second respondent, the driver of the offending vehicle. The first respondent as the owner and second respondent as the driver and third respondent as MACA.No.330/07 Page numbers the insurer of the offending vehicle are jointly and severally liable to pay compensation to the claimant. 3. Respondents 1 and 2, the owner and driver of the offending vehicle remained absent and were set ex parte by the Tribunal. Third respondent, the insurer of the offending vehicle filed a written statement admitting the policy. 4. The claimant was examined as PW1 and Exts.A1 to A18 were marked on the side of the claimant. Exts.B1 was marked on the side of the contesting third respondent. Ext.X1 disability certificate was also marked. 5. On an appreciation of evidence, the Tribunal awarded a compensation of Rs. 1,29,200/- . The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 6. Heard the counsel for the appellant and the counsel for Insurance Company. 7. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the MACA.No.330/07 Page numbers second respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 8. The Tribunal awarded the compensation as follows : Loss of earnings -Rs. 8,000/- Medical expenses -Rs.38,000/- Pain and suffering -Rs. 12,000/- Disability -Rs. 61,200/- Loss of amenities -Rs. 10,000/- ---------------- Rs.1,29,200/- ========== 9. The claimant sustained the following injuries as revealed from Ext.A5 and Ext.A6 treatment certificate and Ext.P7 discharge card : lacerated wound 5 x 1 cm over (Rt) temporal region, skull deep, lacerated wound 2 x 1 cm above (Rt) eyelid, fracture (Rt) orbital roof,sutured wound(Rt) frontal pareatal area, cerebro spinal fluid (CSF) Leak, frontal bone, fracture, multiple soft tissue injury E2 U3, M5 cerebral oedma and contusion frontal lobe. 10. Ext.X1 disability certificate issued from the Medical College Hospital,Thrissur shows that he has a permanent disability of MACA.No.330/07 Page numbers 17%. PW1 the wife and power of attorney holder of the claimant would say that the claimant has persistent head ache and that there is loss of vision to the right eye and he has fits two or more times every day. 11. Counsel for the claimant disputed the quantum of compensation awarded for the disability caused, for the pain and suffering and for the loss of amenities and enjoyment of life. The Tribunal took the monthly income of the claimant as Rs. 2000/- and adopted a multiplier of 15 and the percentage of disability as 17% as certified by the doctor in Ext.X1 and awarded a compensation of Rs. 61,200/-. Counsel for the appellant argued that as a coolie the claimant would have earned at least Rs. 100/- per day. We find some force in the above contention. We feel that even as a coolie he would have earned Rs. 2750/- per month and we fix the same as his monthly income. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 84,150/-. Thus on this count, he is entitled to an additional compensation of Rs. 22,950/-. 12. Towards loss of earning for four months Rs. 8,000/- was MACA.No.330/07 Page numbers awarded by the Tribunal. As we have taken the monthly income of the claimant as Rs. 2750/- for four months he is entitled to Rs.11,000/- towards loss of earnings. Thus on this count he is entitled to an additional compensation of Rs. 3000/- 13. The Tribunal awarded a compensation of Rs. 12,000/- for pain and suffering which appears to be very low. Having regard to the injury sustained , we feel that a compensation of Rs. 25,000/- would be reasonable on this count. Thus on this head, the claimant is entitled to an additional compensation of Rs. 13000/-. For the loss of amenities and enjoyment of life, Rs. 10,000/- was awarded by the Tribunal. Taking into account the nature of the injury sustained, we feel that a compensation of Rs. 20,000/- would be just and proper on this count. Thus on this count, he is entitled to an additional compensation of Rs. 10,000/-. The compensation awarded by the Tribunal for the medical expenses is not questioned by the appellant. 14. In the result, the claimant is entitled to an additional compensation of Rs. 48,950/-. He is entitled to interest at the rate of 7.5% per annum from the date of petition till realisation and MACA.No.330/07 Page numbers 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 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.330/07 Page numbers