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 3RD MARCH 2011 / 12TH PHALGUNA 1932 MACA.No. 1061 of 2004() ----------------------- OPMV.1062/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- MARIAM, W/O.MATHEW, KAIPPARAMBATH HOUSE, NORTH KIDANGOOR, KIDANGOOR P.O. BY ADV. SRI.JOSE THETTAYIL RESPONDENT(S): RESP0NDENT. -------------------------- 1. P.M.HARI, PANNACHIKKAL HOUSE, KIDANGOOR P.O ANGAMALY. 2. GEORGE A.T. S/O.A.V.THOMAS, ALANJIKKAL HOUSE, NEAR GOVT. HOSPITAL, THURAVOOR P.O. ANGAMALY. 3. THE ORIENTAL INSURANCE CO.LTD., KALLOOKKARAN SHOPPING COMPLEX, IST FLOOR, ANGAMALY 683 572. ADV. DR.ELIZABETH VARKEY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1061 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1062/1998 on the file of Motor Accidents Claims Tribunal, Perumbavoor. In this appeal she challenges the judgment and award of the Tribunal dated November 29, 2003 awarding a compensation of Rs.44,200/- for the loss caused to her on account of the injuries sustained by her in a motor accident. She sustained the following injuries in that accident that occurred on July 6, 1998 at about 9 a.m. : Pain and swelling right ankle, pain in the left elbow, abrasion left elbow, supination external rotation injury, fracture of right ankle. 2. The accident happened while the claimant was walking along the road and when she reached near Angamaly near Green Garden Housing complex, she was knocked down by an autorickshaw bearing Reg.No.Kl-7-2136 driven by the second respondent. Alleging negligence against the second respondent, the claimant filed the O.P. MACA.No.1061/2004 2 before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 1,31,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending autorickshaw remained absent before the Tribunal. The third respondent, the insurer of the offending autorickshaw filed a written statement admitting the policy, but attributed negligence to the claimant. 4. Exts.A1 to A10 were marked on the side of the claimant before the Tribunal. Ext.B1 was marked by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending autorickshaw by second respondent and awarded a compensation of Rs. 44,200/- 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. 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 second MACA.No.1061/2004 3 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. 7. The Tribunal awarded a total compensation of Rs.44,200/-. The break up of the compensation amount awarded is as under: Pain and suffering - Rs. 15,000/- Loss of earnings - Rs. 5,400/- Damage to clothing - Rs. 300/- Transportation - Rs. 500/- Treatment expenses - Rs. 9,000/- Extra nourishment - Rs. 1,000/- Disability - Rs. 8,000/- Loss of amenities - Rs. 5,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. 9. The Tribunal awarded Rs.8,000/- for the disability caused to the claimant which appears to be very low. The Tribunal took the monthly income of claimant as Rs.1,800/-. According to the claimant she was working as a Sweeper earning Rs.2,500/- per month. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs.2250/-. As regards the disability caused, in Ext.A9 certificate of disability, the Doctor has certified that the MACA.No.1061/2004 4 claimant has a permanent disability of 10% due to stiffness of right ankle. Therefore, we feel that the percentage of disability can be reasonably fixed at 10%. As the claimant was aged 59 at the time of the accident, a multiplier of 8 would be reasonable. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 21,600/- ( 10% x 2250 x 12 x 8). Thus on this count, the claimant is entitled to an additional compensation of Rs.13,600/-. 10. There is another aspect in this case. The Tribunal awarded Rs. 5,400/- towards loss of earnings for 3 months @ Rs.1,800/- per month. As we have fixed the monthly income of the claimant as Rs. 2,250/-, he is entitled to a compensation of Rs. 6,750/- towards loss of earnings. Thus on this count, the claimant is entitled to an additional compensation of Rs. 1,350/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 14,950/-. She 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 MACA.No.1061/2004 5 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. Sd/- A.K.BASHEER, JUDGE Sd/- P.Q.BARKATH ALI, JUDGE sv. True copy P.A. to Judge