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 24TH MAY 2010 / 3RD JYAISHTA 1932 MACA.No. 50 of 2008() --------------------- OPMV.2581/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER :- ------------------------------------- K.M.JACOB @ BABU, S/O MOSES, KIZHAKKEPPARAMBIL, KANJIRATHUMOODU, PUTHUPPALLY P.O., KOTTAYAM. BY ADV. MR.M.P.MADHAVANKUTTY RESPONDENT(S)/RESPONDENTS :- ----------------------------------------------- 1. R.JAMES, S/O RAJANAYAKAM, HOUSE NO.204, WARD NO.1, CHINNAKKANAM PANCHAYATH, GANDHI NAGAR VILLAGE, PERIYAKULAM TALUK, THENI DISTRICT, TAMILNADU. 2. P.J.THANKACHAN, S/O M.JOSEPH, 20/27, KALIAMMANKOVIL STREET, KUKPPIANAIKANPATTY, BODINAIKANOOR, MADURAI DISTRICT, TAMILNADU. 3. THE NEW INDIA ASSURANCE CO. LTD., MUNNAR. R3 BY MR.M.RAJAGOPALAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt A.K.BASHEER & P.Q. BARKATH ALI, JJ. =========================== M.A.C.A. No.50 of 2008 ================= Dated this the 24th day of May 2010 J U D G M E N T Barkath Ali, J. In this appeal under section 173 of the Motor Vehicles Act claimant in O.P.(MV) No.2581 of 2001 on the file of the Motor Accidents Claims Tribunal, Kottayam challenges the judgment and award of the Tribunal dated September 12, 2006, awarding a compensation of Rs.2,91,200/- for the loss caused to the claimant, on account of the injury sustained by him in a motor accident. 2. The facts leading to this appeal, in brief, are these:- The claimant was aged 45 at the time of the accident and used to earn Rs.3,000/- per month according to him as a book binder. On April 5, 2001 at about 7 p.m., the claimant was riding his motor cycle bearing M.A.C.A. No.50 of 2008 -2- Registration No.KL 5C-989 with his friend as pillion rider along the road in front of Government College, Munnar on the Devikulam-Munnar road. At that time a jeep bearing Registration No.TN 60C 1040 came at a high speed and dashed against the motor cycle of the claimant. The claimant sustained serious injuries. According to him the accident occurred due to the rash and negligent driving of the offending vehicle by its driver 2nd respondent. 1st respondent as the owner, 2nd respondent as the driver and 3rd respondent as the Insurer of the offending vehicle are jointly and severally liable to pay compensation to the claimant. The claimant claimed a compensation of Rs.5,00,000/-. 3. The respondents 1 to 3 filed separate written statements admitting the accident and further contending that the accident occurred due to the negligence on the part of the claimant. The 3rd respondent, insurer of the offending vehicle raised similar contentions and admitted the policy. M.A.C.A. No.50 of 2008 -3- 4. Exts.A1 to A13 were marked on the side of the claimant. No evidence was adduced by the contesting respondents. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs.2,91,200/-. The claimant has now come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and the 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 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. 7. The claimant sustained the following injuries as revealed from Ext.A5, the copy of the discharge certificate issued from the Medical Centre Hospital, Ernakulam. (1) multiple abrasions, lacerations and contusions, periorbital oedema with echymosis right side M.A.C.A. No.50 of 2008 -4- (2) open fracture of 4th and 5th metacarpals of right hand (3) open fracture of both bones right leg (4) fracture shaft of left femur (5) external fixation of right tibia and skeletal traction. Interlocking nailing of left femur was done. 8. Ext.A13 series are photographs with negatives. Ext.A12, the certificate of disability issued by Dr.P.M.Kurian, Akshya Hospital, Kaloor shows that there is shortening of left femur by 3.5cms, limited flexion of left and right hip joints, total loss of eversion and inversion of right foot and inability of walking fast and squatting and also deformity in right wrist with partial loss of flexion and extension and partial loss of grip. 9. His disability was assessed at 30%. Ext.A10 series are certificates issued by three persons showing that the claimant has the work of binding of books of accounts and registers in MRF, Orthodox & Theological Seminary, Kottayam. M.A.C.A. No.50 of 2008 -5- 10. The Tribunal awarded a total compensation of Rs.2,91,200/-. The break up of the compensation awarded is as under :- Transport to hospital : Rs.4,910/- Extra nourishment : Rs.1,000/- Damage to clothing : Rs.500/- Bystander expense : Rs.6,000/- Treatment expenses : Rs.1,36,790/- Loss of earning for one year : Rs.24,000/- For pain and suffering : Rs.30,000/- For permanent disability : Rs.78,000/- Loss of amenities : Rs.10,000/- ----------------- Total : Rs.2,91,200/- ======= 11. The learned counsel for the Claimant sought enhancement of compensation for the disability caused. The Tribunal took the monthly income of the claimant as Rs.2,000/- and adopted a multiplier of 13 and took the disability as 25% and awarded Rs.78,000/- for the disability caused. Taking into consideration the fact that claimant was working as a book binder as revealed from Ext.A10 series certificates, we feel that, his monthly income can be reasonably estimated at Rs.3,000/-. The Tribunal took M.A.C.A. No.50 of 2008 -6- multiplier of 13. The claimant was aged about 45 at the time of the accident. Therefore, the multiplier of 16 can be adopted in this case as provided under the 2nd Schedule of Motor Vehicles Act. The percentage of disability assessed by the Tribunal as 25% is not seriously challenged. Thus, calculated for the disability caused, the claimant is entitled to a compensation of Rs.1,44,000/- (3,000x12x16 – 25%). Thus, on this count the claimant is entitled to an additional compensation of Rs.66,000/-. 12. There is another aspect in this case. For the loss of earnings, the Tribunal awarded Rs.24,000/- for one year @ Rs.2,000/- per month. We have assessed the monthly income of the claimant as Rs.3,000/-. Therefore, on this count, the claimant is entitled to a compensation of Rs.36,000/- ie; an additional amount of Rs.12,000/-. As regards the compensation awarded under other heads we find the same to be reasonable and are not disturbing the same. As regards the interest, the Tribunal awarded interest @ 6% per annum, which appears to be very low. In M.A.C.A. No.50 of 2008 -7- our view interest at the rate of 7.5% per annum would be reasonable. 13. In the result, the claimant is entitled to an additional compensation of Rs.78,000/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and for the enhanced compensation 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 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. jvt