IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 MACA.No. 750 of 2007() ---------------------- OPMV.430/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): PETITIONER ------------------------ JAYASANKAR, S/O.NEELAKANDAN, AGED 57 YEARS, TIRURANGADI AMSOM, KAKKAD P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): 3RD RESPONDENT ----------------------------- THE NEW INDIA ASSURANCE CO.LTD., BR.OFFICE, MUNICIPAL TB SHOPPING COMLEX, M.G.ROAD, TELLICHERRY. (NO RELIEF CLAIMED AGAINST RESPONDENT NOS.1 & 2 IN OP (MV) 430/2000. HENCE THEY ARE NOT MADE PARTIES IN THIS APPEAL). ADV. SRI.RENI ANTO KANDAMKULATHY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/04/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.750 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of April, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.430 of 2000 on the file of the Motor Accidents Claims Tribunal, Tirur. In this appeal, he challenges the judgment and award of the Tribunal dated July 17, 2006 awarding a compensation of ` 1,25,000/- for the loss caused to the claimant on account of the injuries sustained by him in a motor accident. 2. The accident happened on December 10, 1999 at about 5.30 P.M. at Kakkad. While the claimant was walking along the side of the road, he was knocked down by a jeep bearing Registration No.KL-13B-8526 driven by the first respondent. The claimant sustained serious injuries. Alleging negligence against the first respondent, the claimant filed O.P. before the Tribunal under Section 166 of M.A.C.A.No.750 of 2007 2 the Motor Vehicles Act, claiming a compensation of ` 4,25,000/-. 3. Respondents 1 and 2, the driver and owner of the offending jeep, remained absent before the Tribunal. The third respondent, the insurer of the offending jeep, filed a written statement admitting the policy of the offending jeep. PW1 was examined and Exhibits A1 to A19 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence of the first respondent and awarded a compensation of ` 1,25,000/- with interest at the rate of 6% per annum from the date of petition till realisation and cost of ` 1,500/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. M.A.C.A.No.750 of 2007 3 4. Heard the counsel for the claimant and the counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence 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. 6. The claimant sustained the following injuries in the accident : (1) lacerated wound over the right forehead (2) lacerated wound over the outer aspect of right eye (3) fracture to the shaft of femur. 7. The Tribunal awarded a total compensation of ` 1,25,000/-. The break up of the compensation amount M.A.C.A.No.750 of 2007 4 awarded is as under : Transport to hospital ` 3,000/- Damage to clothing ` 500/- Expenses of bystander ` 8,300/- Extra nourishment ` 2,000/- Medical bills ` 12,000/- Loss of earnings ` 18,000/- Pain and suffering ` 25,000/- Permanent disability ` 56,200/- -------------- ` 1,25,000/- ========== 8. Counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. 9. The Tribunal took the monthly income of the claimant as ` 3,000/- and took the percentage of disability as 12% as certified by the Medical Board in Exhibit A19 and adopted a multiplier of 13 and awarded ` 56,200/- for the permanent disability caused. 10. Taking into consideration the nature of injuries sustained and the disability caused to the claimant, we feel M.A.C.A.No.750 of 2007 5 that the compensation awarded by the Tribunal for the disability caused and all other heads is reasonable. 11. There is another aspect in this case. No compensation was seen awarded for loss of amenities and enjoyment in life. Having regard to the nature of injuries sustained by the claimant, we feel that a compensation of ` 15,000/- would be reasonable for loss of amenities and enjoyment in life. 12. In the result, the claimant is found entitled to an additional compensation of ` 15,000/-. The Tribunal awarded interest at the rate of 6% per annum from the date of petition till realisation, which appears to be very low. The claimant will be entitled to interest at the rate of 7.5% per annum from the date of petition till realisation for the compensation already awarded and for the enhanced compensation. The third respondent being the insurer of the offending vehicle M.A.C.A.No.750 of 2007 6 shall deposit the amount within two months from the date of receipt of 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 csl