IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 MACA.No. 2217 of 2010() ----------------------- OPMV.1531/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): PETITIONER ------------------------ KARADIKKAL ABDUL KADER,S/O.ABDU RAHIMAN, THOMMANAKANDAN HOUSE, PERINTHALMANNA ROAD, KUNNUMMAL PO,MALAPPURAM. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): 3RD RESPONDENT ----------------------------- UNITED INDIA INSURANCE CO.LTD. MANJERI, MALAPPURAM DISTRICT-676 121. ADV. SRI.M.A.GEORGE FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 2217 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 30th day of November, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.1531 of 2001 on the file of the Motor Accidents Claims Tribunal, Manjeri. In this appeal he challenges the judgment and award of the Tribunal dated October 24, 2005 awarding a compensation of Rs.71,304/- for the loss caused to him on account of the injuries sustained by him in the accident. 2. The claimant sustained the following injuries in the accident :- “1. Lacerated wound over (L) thigh with fracture femur. 2. Lacerated wound over the left leg middle 1/3 4 x 3 inches. 3. Degloring injury (L) leg.” 3. The accident happened on September 21, 2000 at MACA 2217/2010 2 about 2 a.m. While the claimant was travelling in a lorry from Malappuram to Bangalore and reached at Gundalpettta (Karnataka State), it dashed against a tree on the side of the road, as a result of which the claimant sustained serious injuries. Alleging negligence against the 1st respondent (driver of the lorry) the claimant, filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.2,50,000/-. 4. Respondents 1 to 3 are the driver, owner and insurer of the lorry. The 1st respondent remained absent and he was ex parte by the Tribunal. Though the 2nd respondent entered appearance, he did not file any written statement. The 3rd respondent Insurance Company filed a written statement admitting the policy. The claimant was examined as PW1 and Exts.A1 to A4 and Ext.X1 were marked on his side. No evidence was adduced on the side of the respondents. On an appreciation of evidence, the Tribunal found that the accident occurred due to negligence of the 1st respondent and awarded a compensation of Rs.71,304/- MACA 2217/2010 3 with interest @ 6% p.a. from the date of petition till realization and a cost of Rs.1,000/-. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the 1st respondent, driver of the lorry, 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. 7. The Tribunal awarded a total compensation of Rs.71,304/-. Break up of the compensation awarded is as under:- Transport to hospital : Rs. 500/- Extra nourishment and : Rs. 3,600/- Bystander's expenses. Medical expenses : Rs. 45,444/- Loss of earning for 4 months : Rs. 6,000/- Pain and suffering : Rs. 10,000/- MACA 2217/2010 4 Disability : Rs. 5,760/- ------------------ Total : Rs. 71,304/- ======= 8. The learned counsel for the appellant/claimant sought enhancement of compensation for the disability caused, loss of earning and on other heads. 9. The Tribunal took the annual income of the claimant as Rs.18,000/-, took the percentage of disability as 2% as certified by the Medical Board in Ext.X1, adopted multiplier of 16, as he was aged 40 at the time of the accident and awarded Rs.5,760/- for the disability caused. The claimant was a Salesman in TAK Fruit Stall, Malappuram, earning 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/- per month, which comes to Rs.30,000/- per annum. Percentage of disability as 2% and multiplier as 16 taken by the Tribunal are not seriously challenged. Thus, calculated for the disability caused, the claimant is entitled MACA 2217/2010 5 to a compensation of Rs.9,600/-. Therefore, he is entitled to an additional compensation of Rs.3,840/-. 10. Rs.10,600/- was awarded for pain and suffering endured by the claimant. Taking into consideration the nature of the injuries sustained by the claimant, we feel that an additional compensation of Rs.5,000/- would be reasonable on this count. 11. No compensation was seen awarded for the loss of amenities and enjoyment in life. Having regard to the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.15,000/- would be reasonable on this count. 12. The Tribunal awarded Rs.6,000/- towards loss of earning for 4 months. As we have fixed the monthly income of the claimant as Rs.2,500/-, the claimant is entitled to a compensation of Rs.10,000/- 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. MACA 2217/2010 6 13. In the result, the claimant is found entitled to an additional compensation of Rs.27,840/-. 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 realization for the compensation already awarded by the Tribunal and also for the enhanced compensation. The 3rd respondent Insurance Company 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