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 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 MACA.No. 791 of 2007() ---------------------- OPMV.1112/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): PETITIONER -------------- SASI.M.R., S/O.RAMAN, MADUKKAYIL HOUSE, KIZHUMURY P.O., RAMAMANGALAM. BY ADV. SRI.T.K.KOSHY RESPONDENT(S): RESPONDENTS --------------- 1. THE MANAGING DIRECTOR, K.S.R.T.C., TRANSPORT BHAVAN, EAST FORT, TRIVANDRUM. 2. THARAVAIKUTTY, S/O.ALI, ORUYOTHU HOUSE, NEAR CO-OPERATIVE BANK, KIZHAKKOTHU VILLAGE, KOZHIKODE DISTRICT. ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.791 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of October, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1112/2003 on the file of Motor Accidents Claims Tribunal, Muvattupuzha. He sustained the following injuries in a motor accident that occurred on February 5, 2003 at about 9.15 A.M. Bleeding nostrils Abrasions both hands Abrasions both knees Mild lacerations right hand Lacerated wound right knee 2 cm. x 1 cm. Linear laceration, skin deep right leg. On X-ray it was found that there was fracture of right fibula. Ext.A7 scan report shows that there was thin left frontal subdural hygromas and clinical correlation was suggested. Complaint of diplopia on looking towards left. On examination it was found that there was restriction of movements on left eye abduction, which was MACA.No.791/2007 2 suggestive of lateral rectus pulsy. It was opined that diplopia could be due to RTA. Mild left LR weakness. 2. The accident happened while the claimant was walking along Thrivandrum-Malappuram N.H. 47, the motor cycle bearing Reg.No.KL-8/V 7282, which was hit by a KSRTC bus bearing Reg.No.KL-15/4081 driven by the second respondent, knocked him down. Alleging negligence against the second respondent, the driver of the bus, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 2,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending KSRTC bus filed a joint written statement admitting the accident, and contended that the accident occurred due to the negligence of the rider of the motor cycle. 4. Exts.A1 to A13 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending bus by second respondent and awarded a compensation of MACA.No.791/2007 3 Rs. 41,948/-/- with interest @ 6.5% per annum from the date of petition till realisation and proportionate cost. 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 respondents. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the second 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 break up of the compensation awarded is as under : Loss of earning - Rs. 8,000/- Transportation - Rs. 1,000/- Bystander expenses - Rs. 2,000/- Damage to clothing - Rs. 500/- Medical expenses - Rs.12748/- Pain and suffering - Rs.12,000/- Loss of amenities - Rs. 6,000/- 8. It was pointed out by the counsel for the claimant that no compensation was awarded by the Tribunal for the permanent disability caused. On the request of the claimant, his disability was got assessed MACA.No.791/2007 4 by the Medical Board attached to General Hospital, Ernakulam. The Board has certified that he has a visual disability of 10% and opined that his neurological disability could not be assessed as there was no Neurologist in the General Hospital, Ernakulam. Therefore, his neurological disability was got assessed by the Medical Board attached to Government Hospital, Kottayam wherein it is stated that he has 21% hearing disability and neurological disability of 8%. He has occasional loss of memory, headache, dizziness and bilateral anosmia. Taking into consideration the above aspect, we feel that the disability of the claimant can be reasonably fixed at 20%. 9. The claimant was working as a lorry guide under Super Transport company earning Rs. 7,500/- per month. Ext.A11 is the certificate given by his employer to the effect that he was working on daily wages of Rs. 250/- per day. Taking into consideration the above aspect, we feel that his monthly income can be reasonably fixed at Rs. 3,000/-. As the claimant was aged 46 at the time of the accident, a multiplier of 13 would be reasonable in this case. Thus calculated, for the disability caused, the claimant is entitled to a compensation of Rs.93,600/- ( 3000 x 12 x 13 x 20%) MACA.No.791/2007 5 10. The Tribunal awarded Rs. 12,000/- for pain and suffering endured by the claimant. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. 11. The Tribunal awarded Rs.6,000/- for loss of amenities and enjoyment in life. Having regard to the nature of the injuries sustained by the claimant, we feel that a compensated of Rs. 15,000/- would be reasonable on this count. 12. The Tribunal awarded Rs. 8,000/- towards loss of income for 4 months @ Rs. 2,000/- per month. As we have fixed the monthly income of the deceased as Rs. 3,000/-, he is entitled to a compensation of Rs. 12,000/- towards loss of income. Thus on this count, the claimant is entitled to an additional compensation of Rs. 4,000/-. 13. The Tribunal passed an award for Rs. 41,948/-. But actually the total compensation comes to Rs. 42,248/-. Therefore, the amount awarded by the Tribunal is corrected as Rs. 42,248/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 14. There is another aspect in this case. The Tribunal awarded MACA.No.791/2007 6 interest only @ 6.5% per annum which appears to be very low. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. 15. In the result, the amount awarded by the Tribunal is corrected as Rs. 42,248/-. The claimant is entitled to an additional compensation of Rs. 1,14,600/- with interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation and proportionate cost. The first respondent 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 sv. MACA.No.791/2007 7 MACA.No.791/2007 8