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 3RD JANUARY 2011 / 13TH POUSHA 1932 MACA.No. 247 of 2007() ------------------------------- OPMV.3239/1998 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM ......................................... APPELLANT/PETITIONER -------------------------------------- K.K.SHANAVAS, AGED 36 YEARS, S/O. KASSIM, KUNNUKUZHIYIL HOUSE, ILLITHODE, KALAYATTOOR, (VIA) KALADY. BY ADVS. SRI.ANIL S.RAJ, SMT.K.N.RAJANI RESPONDENTS/RESPONDENTS -------------------------------------------- 1. M.K.KHALID, MANELIL HOUSE, CHENGAMANAD P.O., ALWAYE (VIA). 2. M.K.BASHEER, S/O. MUSTHAPHA, KALLARAKKAL HOUSE, PANAYAKKADAVU BHAGOM, CHENGAMANAD. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, REGIONAL OFFICE, COCHIN-682 011. 4. BIJU ANTONY, EDASSERY HOUSE, KANJOOR P.O., KALADY. 5. THE NATIONAL INSURANCE COMPANY LIMITED, PERUMBAVOOR. R3 BY ADV. SRI.P.JAYASANKAR, SC R5 BY ADV. SRI.JOE KALLIATH, SC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KRK A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 247 of 2007 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 3rd day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No. 3239 of 1998 on the file of the Motor Accidents Claims Tribunal, Ernakulam. In this appeal he challenges the judgment and award of the Tribunal dated May 4, 2006 awarding a compensation of Rs.1,62,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The claimant sustained the following injuries in the accident :- 1) 5 x 5 x 1 cm. Lacerated wound over (R) knee with fracture patella. 2) Lacerated wound over postero medial aspect of (L) knee with dislocation of (L) knee with medial femoral codyle seen outside the wound and absent distal-pulse. 3) Contusion (R) eye with lacerated wound of 4 x 0.5 cm. Over (R) eyebrow. 4) Bogginess whole of forehead and (L) fronto- parietal region. MACA 247/2007 2 5) Incised wound over ulnar aspect of Mid 3rd of (L) forearm. 6) Dislocation of (L) knee with avulsion of tibia spine. He was admitted in the Department of Orthopedics. Under G.A. emergency wound debridement, reduction of dislocation of (L) knee, stabilization with pins were done. X- ray revealed comminuted fracture (R) patella. Plastic surgeon repaired vascular injury. 3. The accident happened on August 31, 1998 at about 4 p.m. at Kottayi on the Angamaly – Aluva road. While he was riding a motor cycle bearing registration No. KL-7/D 4107 it collided head on with a lorry bearing registration No. KRO 3322 driven by the 2nd respondent. Alleging negligence against the 2nd respondent, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming compensation. 4. Respondents 1 to 3 are the owner, driver and insurer of the lorry and respondents 4 and 5 are the owner MACA 247/2007 3 and insurer of the motor cycle. Only respondents 3 and 5 Insurance Companies contested the matter. The 3rd respondent admitted the policy of the offending lorry but attributed negligence on the part of the claimant. The 5th respondent denied policy of the motor cycle. 5. The claimant was examined as PW1 and Exts.A1 to A12 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 of the 2nd respondent driver of the offending lorry and awarded a compensation of Rs.1,62,000/- with interest @ 7.5 % p.a. from the date of petition till realization and proportionate costs against respondents 1 to 3. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 6. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. 7. The accident is not disputed. The finding of the MACA 247/2007 4 Tribunal that the accident occurred due to the negligence of the 2nd respondent is not seriously 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 a total compensation of Rs.1,62,000/-. Break up of the compensation awarded is as under:- Transportation : Rs. 2,500 Damage to clothing : Rs. 500 Extra nourishment : Rs. 2,500 Bystander expenses : Rs. 2,500 Treatment expenses : Rs. 44,000 Loss of earnings : Rs. 6,000 Pain and suffering : Rs. 30,000 Loss of amenities and : Rs. 20,000 enjoyment in life. Permanent disability : Rs. 54,000 ------------------ Total : Rs.1,62,000 ======= 9. The learned counsel for the appellant/claimant sought enhancement of compensation for the disability caused and on other heads. MACA 247/2007 5 10. The Tribunal took the monthly income of the claimant as Rs.1,500/-, took the percentage of disability as 20%, adopted multiplier 15 and awarded a compensation of Rs.54,000/- towards disability caused. The claimant was a Head load worker earning more than Rs.3,000/- per month, according to him. Taking into consideration the above aspect,we feel that his monthly income can reasonably be fixed at Rs.2,500/-. Percentage of disability assessed by the Tribunal as 20% appears to be reasonable.. As the claimant was aged only 28 at the time of the accident, we feel that multiplier of 18 would be reasonable. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.1,08,000/- (Rs.2,500/- x 12 x 18 x 20%). Thus, the claimant is entitled to an additional compensation of Rs.54,000/- on this count. 11. The Tribunal awarded Rs.6,000/- towards loss of earning i.e., 4 months at the rate of Rs.1,500/- per month. As we have fixed the monthly income of the claimant as Rs.2,500/-, he is entitled to Rs.10,000/- on this count. As MACA 247/2007 6 regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 12. In the result, the claimant is found entitled to an additional compensation of Rs.58,000/-. He is entitled to interest @ 7.5 % per annum from the date of petition till realization. The 3rd respondent shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. 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. mn