IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 MACA.No. 1356 of 2006() ----------------------- OPMV.1057/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/CLAIMANT: --------------------------------- SHAJI T.M., S/O. MAMU, THEKKEVEETIL PARAMBU, NEAR GOVT.HOSPITAL, P.O.NETTOOR-682 304. BY ADV. SRI.K.JANARDHANAN SRI.MANURAJ. K.J RESPONDENT(S): RESPONDENTS --------------- 1. M.T. SKARIAH, MUNDAKKAL HOUSE, PAMPAKUDA. 2. DON BOSCO, S/O. THOMAS, PAYYAPPALLI VEETIL, WARD II, N. PARUR. 3. UNITED INDIA INSURANCE CO.LTD., MUNICIPAL BUILDING, MAIN ROAD, N. PARUR. 4. K.R. SABU, S/O. RAPHAEL, KALATHIL HOUSE, MANNAM P.O., N. PARUR. 5. P.V. VARGHESE, PAZHANTHENATTU HOUSE, THAMMANIMATTOM, RAMANGALAM P.O., PIN-686 663. 6. THE NATIONAL INSURANCE CO.LTD., BRANCH KOLENCHERRY. ADV. SRI.P.JAYASANKAR FOR R6 SRI.BABU CHERUKARA FOR R2 SRI.S.ARUN RAJ FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 1356 of 2006 ------------------------------------------------------ Dated: AUGUST 6, 2010 JUDGMENT Barkath Ali, J. The appellant is the claimant in OP(MV) 1057/2001 on the file of the Motor Accidents Claims Tribunal, Ernakulam. He sustained the following injuries in a motor accident that occurred on February 6, 2000 at about 4 p.m. near Aroor Church: “abrasion on both knee, 4x1 cm laceration on left side of forehead. 2x05 cm laceration on right side of forehead. 3x1 cm laceration on centre of forehead. 10x1 cm laceration involving both eyebrows. 2x1 cm laceration on the nose. Laceration on left upper eyelid involving the cornea also.” 2. The accident happened while he was travelling in a car bearing registration No.KLV-6117 from Alappuzha to Ernakulam. It collided head on with a jeep bearing Reg.No.KCE 4710. Alleging negligence against the 2nd respondent, the driver of the offending jeep, the claimant filed the OP before the Tribunal claiming a compensation of Rs.4,08,000/- against respondents 1 to 3, owner, driver and insurer of the offending jeep. 3. Respondents 1 and 2, the owner and the driver of the offending jeep, remained absent before the Tribunal. The 3rd M.A.C.A.1356 of 2006 2 respondent, insurer of the offending vehicle, filed a written statement admitting the policy and further contended that there was also negligence on the part of the driver of the car. The owner, driver and insurer of the car were made formal parties in the OP as respondents 4 to 6. The 6th respondent, insurer of the car, filed a written statement admitting the policy. 4. Exts.A1 to A12 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the respondents. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the 2nd respondent and awarded a total compensation of Rs.1,80,000/- with interest @ 7.5% 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 2nd 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. M.A.C.A.1356 of 2006 3 7. The break up of the compensation amount awarded is as under: medical expenses Rs.15000/- bystander's expenses 1500/- extra nourishment 1500/- transportation 1000/- loss of earning 6000/- pain and suffering 15000/- disability 1,25,000/- disfiguration, loss of amenities etc. 15,000/- 8. Counsel for the claimant sought enhancement of the compensation for the disability caused and on other heads. The claimant has lost his left eye. The Tribunal took his percentage of disability as 40% as shown in the Schedule to Workmen's Compensation Act and took his monthly income as Rs.2000/- and adopted a multiplier of 18 and assessed the compensation at Rs.1,73,800/-, but awarded only Rs.1,25,000/- on the ground that loss of one eye does not in any way affect the earning capacity of the claimant as he was a construction worker. We are of the view that the loss of one eye will necessarily affect his earning power and that the claimant is entitled to the entire compensation of Rs.1,73,800/- assessed by the Tribunal for loss of dependency. Therefore on this count the claimant is entitled to an additional compensation of Rs.48,800/-. M.A.C.A.1356 of 2006 4 9. The Tribunal awarded a compensation of Rs.15000/- for disfigurement caused and for loss of amenities and enjoyment of life. Taking into consideration the fact that he has lost one of his eyes, we feel that an additional compensation of Rs.20,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 10. Thus the claimant is entitled to an additional compensation of Rs.68,800/-. He 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/-