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 14TH JULY 2010 / 23RD ASHADHA 1932 MACA.No. 2090 of 2005() ----------------------- OPMV.1144/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/CLAIMANT: --------------------------------- AKBARALI, S/O. IBRAHIM, CHETTIANTHODI HOUSE, THUVVUR POST, MALAPPURAM. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. ABDUL KAREEM, S/O. KUNJALAVI, HEERA HOUSE, KOLAPPARAMBU POST, MALAPPURAM. 2. P. ABDUL GAFOOR, S/O. ABDULRAHIMAN, NUSAIBA MANZIL, MUTHUVALLUR POST, MALAPPURAM. 3. M/S. UNITED INDIA INSURANCE COMPANY LTD. DIVISIONAL OFFICE, ARAFA BUILDING, MANJERI, MALAPPURAM. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 2090 of 2005 ------------------------------------------------------ Dated: JULY 14, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant/petitioner in OP(MV) 1141/2001 on the file of the Motor Accidents Claims Tribunal, Manjeri. He sustained the following injuries in a motor accident: “1) Penetrated wound left upper arm 6x4 cms. 2) Lacerated wound 3x 2 cms left lower leg. 3) Communitated compound fracture both left leg. 4) Compound fracture left calcanium. 5) Deep lacerated wound left arm (L shaped) 10 cms in length. 6) Three wounds in front of leg about 3 cms above the level of fracture site. 7) 8 cms long lacerated wound communicatory fracture leg. 8) Avulved post medial skin flap about 8 cms communicating fracture calcanium.” 2. While the claimant was riding on a motorcycle from Thuvvur to Calicut on February 25, 2001 at about 3.30 p.m. he was knocked down by a jeep driven by the 1st respondent. The claimant filed the OP under sec.166 of the Motor Vehicles Act claiming a compensation of Rs.3 lakhs alleging negligence against the 1st respondent, driver of the M.A.C.A. 2090 of 2005 2 jeep. 3. This OP was jointly tried along with OP(MV) 687/2001 filed by another injured person in the accident and a common award was passed. Respondents 1 and 2, driver and owner of the offending jeep remained absent. The 3rd respondent, insurer of the offending jeep, admitted the policy of the vehicle. 4. PW.1 was examined and Exts.A1 to A13, X1 and X1A were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting 3rd respondent. On an appreciation of evidence the Tribunal awarded a compensation of Rs.77,406/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.2500/-. 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 1st respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimants are entitled to any enhanced compensation. M.A.C.A. 2090 of 2005 3 7. The Tribunal awarded a total compensation of Rs.77,406/-. The break up of the compensation awarded is as under:- transport to hospital - Rs.500/- extra nourishment and bystander's expenses - 4,300/- medical expenses - 47,886/- pain and suffering - 15,000/- disability (18,000x 18x3%) - 9,720 8. The Counsel for the appellant/claimant sought enhancement of the compensation awarded for the disability caused and on other heads. The Tribunal took the monthly income of the claimant as Rs.1500/-, adopted a multiplier of 18, took the percentage of disability as 3% as shown in the certificate of disability Ext.X1A issued by the Medical Board and awarded Rs.9720/- as compensation for the disability caused. The claimant produced Ex.A9 certificate which shows that he was employed in Ministry of Regional, Sultanate of Oman, drawing about Rs.8000/- per month. Therefore we feel that his monthly income can be reasonably estimated at Rs.3000/-. The multiplier of 18 and the percentage of disability as 3% are not seriously challenged. Thus calculated, for the disability caused the claimant is entitled to a compensation of Rs.19,440/-. Thus, on this count he is entitled to an additional compensation of Rs.9720/-. M.A.C.A. 2090 of 2005 4 8. The Tribunal did not award any compensation for loss of earning. In the nature of the injuries sustained by him, he was disabled for three months for which he is entitled to a compensation of Rs.9000/- i.e. @ Rs.3000/- per month. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 9. Thus the claimant is entitled to an additional compensation of Rs.18720/-. The Tribunal awarded interest @ 6% per annum which is very low. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. The 3rd 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 mt/-