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 3RD JUNE 2011 / 13TH JYAISHTA 1933 MACA.No. 56 of 2006() --------------------- OPMV.491/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT/CLAIMANT: ------------------------------------ M.A. JOSEPH @ SAJI, S/O. M.V.ABRAHAM, AGED 33 YEARS, MAKKATTU VEEDU, MUTHOOR P.O., THIRUVALLA. BY ADV. SRI.SEBASTIAN PHILIP RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. MOHAMMAD SABU, VETTUKUZHIYIL VEEDU, VARIKKADU, KUTTUPUZHA, THIRUVALLA. 2. SANTHOSH, AYATHUMPARAMBIL VEEDU, MUTHOOR P.O., THIRUVALLA. 3. UNITED INDIA INSURANCE CO. LTD., CHANGANACHERRY. R3 BY ADV. SMT.P.A.REZIYA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 56 of 2006 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 3rd day of June, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.491/1998 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta. In this appeal he challenges the judgment and award of the Tribunal dated July 23, 2005 awarding a compensation of ` 1,80,030/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on December 11, 1997 at about 7.45 p.m. at Koickal junction. While the claimant was travelling in an auto-rickshaw bearing registration No.KL- 3/B 9331 along Thiruvalla – Mavelikkara public road, it overturned due to the negligence of the driver of the auto- rickshaw, the second respondent. The claimant sustained serious injuries. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a MACA 56/2006 2 compensation of ` 5,00,000/-. 3. Respondents 1 and 2, the owner and driver of the offending auto-rickshaw, remained absent and they were set ex parte by the Tribunal. The third respondent, the insurer of the offending auto-rickshaw, filed a written statement admitting the policy. Exts.A1 to A11 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 second respondent and awarded a compensation of ` 1,80,030/- with interest @ 9% p.a. from the date of petition till realization. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the claimant and the counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the second respondent is not seriously challenged in this appeal. Therefore, the only question, which arises for MACA 56/2006 3 consideration, is whether the claimant is entitled to any enhanced compensation. 6. The Tribunal awarded a total compensation of ` 1,80,030/-. Break up of the compensation awarded is as under:- Loss of earning : ` 18,000 Pain and suffering : ` 25,000 Transportation expenses : ` 10,000 Medical expenses, : ` 40,000 bystander's expenses, cost of extra nourishment and other allied expenses. Disability : ` 71,280 Compensation for discomforts, : ` 15,000 inconvenience and the loss of amenities caused. Damage to clothing : ` 750 ------------------ Total : `1,80,030 ======= 7. The counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. 8. The claimant sustained the following injuries in the accident:- 1) Comminuted compound fracture on left lower limb. 2) Abrasion over left anterior superior iliac MACA 56/2006 4 spine area and left side of the thigh (1 x 1 cm.) 3) Laceration 1 x 1 cm. over the left hand and below the left knee area. He suffered a permanent disability of 22%, as seen from Ext.A9 disability certificate issued by the District Medical Board, Pathanamthitta. The Tribunal took the monthly income of the claimant as ` 1,500/-, took the percentage of disability as 22%, adopted multiplier of 18, as he was aged 26 at the time of the accident, and awarded a compensation of ` 71,280/- for the disability caused. As the claimant was an Electrician aged 26, we feel that his monthly income can reasonably be fixed at ` 2,000/-. Percentage of disability assessed and the multiplier adopted by the Tribunal appear to be reasonable. Thus calculated for the disability caused, the claimant is entitled to a compensation of ` 95,040/- (` 2,000/- x 12 x 18 x 22%) Thus the claimant is entitled to an additional compensation of ` 23,760/- on this count. 9. The Tribunal awarded a compensation of ` 15,000/- for loss of amenities and enjoyment in life. Taking into consideration the nature of the injuries sustained, we feel MACA 56/2006 5 that a compensation of ` 25,000/- 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. In the result, the claimant is found entitled to an additional compensation of ` 33,760/- with interest @ 7.5% per annum from the date of petition till realization and proportionate cost. The third respondent being the insurer of the offending vehicle 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