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 DECEMBER 2010 / 22ND AGRAHAYANA 1932 MACA.No. 1672 of 2005() ----------------------- OPMV.621/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- BABU.K. S/O.RARUKUTTY, KELANKANDIYIL HOUSE, KAKKUR P.O. NADUVALLUR MURI, KOZHIKODE TALUK. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): RESPONDENTS. --------------------------- 1. SURESH.S. S.S.VILASAM, THODYANNOOR, KOLLAM DISTRICT. 2. SURESH KUMAR, AMRUDHA BHAVAN, VAKAYUR P.O. KONNI. 3. THE BRANCH MANAGER, ORIENTAL INSURANCE CO.LTD., P.B.NO.8, JOTHI SUPER BAZAR, THODUPUZHA. ADV. SRI.S.MAMMU FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1672 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of December, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.621/2002 on the file of Motor Accidents Claims Tribunal, Punalur. In this appeal, he challenges the judgment and award of the Tribunal dated May 11, 2005 awarding a compensation of Rs.95,834/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident that occurred on May 27, 2002 at about 8.20 A.M.: Lacerated wound 3 x 2 x 0.5 cm. over the right leg, lacerated wound 2 x 2 x 0.5 cm. over left foot, multiple abrasion over both legs and left forearm and clinically fracture femur right and fracture humerus right. 2. The accident happened while the claimant was riding his motor cycle bearing Reg.No.KL3/E/8637 along Punalur-Pathanapuram public road and when he reached near Kadakkamon Bridge, the bus MACA.No.1672/2005 2 bearing Reg.No.KL/7/Aa 3886 driven by the first respondent came at a high speed from the opposite direction and dashed against the motor cycle. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 5,00,000/-. 3. The first respondent, the driver of the offending bus remained absent before the Tribunal. The second respondent, the owner of the offending bus filed a written statement before the Tribunal admitting the accident, but attributing negligence to the claimant. The third respondent, the insurer of the offending bus filed a written statement admitting the policy. 4. This O.P. was jointly tired along with the other O.P. filed by the legal heirs of deceased pillion rider of the motor cycle. Pws 1 and 2 were examined and Exts.A1 to A15 were marked on the side of the claimant before the Tribunal. Exts.B1 and B2 were marked on the side of the contesting respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending bus by first respondent and awarded a MACA.No.1672/2005 3 compensation of Rs. 95,834/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs. 750/-. 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 first 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. 95,834/-. The break up of the compensation awarded is as under : Loss of earning - Rs. 6,000/- Transportation - Rs. 1,500/- Extra nourishment - Rs. 1,000/- Damage to clothing - Rs. 400/- Cost of medicines - Rs.10,154/- Bystander expenses - Rs. 1,500/- Pain and suffering - Rs.10,000/- Disability - Rs. 65,280/- 8. Counsel for the claimant sought enhancement of MACA.No.1672/2005 4 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.2,000/- and the percentage of disability as 16% and adopted a multiplier of 17 and awarded Rs. 65,280/- for the disability caused. According to the claimant, he was working as a Sales Representative and used to earn Rs.8,000/- per month. Ext.A11 is his salary certificate. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 3,500/-. Ext.A8 certificate of disability shows that claimant has a permanent disability of 26%. Taking into consideration the nature of the disability caused to the claimant, we feel that the percentage of disability caused can be fixed at 20%. The multiplier adopted by the Tribunal as 17 is not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 1,42,800/- ( 20% x 3500 x 12 x 17). Thus on this count, the claimant is entitled to an additional compensation of Rs.77,520/-. 10. No compensation is seen awarded for loss of amenities and MACA.No.1672/2005 5 enjoyment in life. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 10,000/- would be reasonable on this count. 11. The Tribunal awarded Rs. 6,000/- towards loss of income for 3 months @ Rs. 2,000/- per month. As we have fixed the monthly income of the deceased as Rs. 3,500/-, he is entitled to a compensation of Rs. 10,500/- towards loss of income. Thus on this count, the claimant is entitled to an additional compensation of Rs. 4,500/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 12. There is another aspect in this case. The Tribunal awarded interest only @ 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 realisation for the compensation already awarded and also for the enhanced compensation. 13. In the result, the claimant is found entitled to an additional compensation of Rs. 92,020/- with interest @ 7.5% per annum from the date of petition till realisation for the compensation already MACA.No.1672/2005 6 awarded and also for the enhanced compensation 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. MACA.No.1672/2005 7