IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 MACA.No. 432 of 2005() ---------------------- OPMV.2409/1997 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER: ----------------------------------- A.G.PETER @ PAUL, AGED 40 YEARS, S/O.A.T.GEORGE, ARAKKAL HOUSE, EDAYAKUNNAM, CHITTOOR P.O. BY ADV. SRI.ANIL S.RAJ SMT.NITHYA.K. SMT.MANJUSHA MOHANDAS RESPONDENT(S): RESPONDENTS: --------------------------- 1. V.V.GEORGE, VELIPPARAMBIL HOUSE, KADAVANTHARA P.O. KOCHI 20. 2. SHIBU, KARUVELIPPARAMBU HOUSE, VATTEKUNNAM, EDAPPALLY NORTH P.O. 3. UNITED INDIA INSURANCE COMPANY LIMITED, VETTUKATTIL BUILDING, ERNAKULAM. ADV. SRI.JOHN KOSHY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 432 of 2005 ------------------------------------------------------ Dated: MAY 27, 2010 JUDGMENT Barkath Ali, J. In this appeal under sec.173 of the Motor Vehicles Act the claimant in OP(MV) 2409/1997 on the file of the Motor Accidents Claims Tribunal, Ernakulam, challenges the judgment and award of the Tribunal dated March 12, 2004 awarding a compensation of Rs.88,500/- for the loss caused to the claimant on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal in brief are these: The claimant was a coolie aged 32 at the time of the accident and used to earn Rs.3000/- per month. On July 27, 1997 at about 3.45 p.m. he was pillion riding on the motorcycle bearing registration No.KL-7/N- 8389 along Cheranalloor - Edappally road. When he reached near Edappally railway gate, an autorickshaw bearing registration No.KL- 7/K-5093 came from the opposite side and dashed against the motorcycle of the claimant. The claimant sustained serious injuries. According to the claimant the accident occurred due to the negligence on the part of the driver of the autorickshaw, the 2nd respondent. The 1st respondent as the owner, the 2nd respondent as the driver and the 3rd respondent as the insurer of the offending autorickshaw M.A.C.A. 432 of 2005 2 are jointly and severally liable to pay compensation to the claimant. The claimant claimed a compensation of Rs.2,50,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending autorickshaw, filed a joint written statement admitting the accident. The 3rd respondent insurer filed a written statement admitting the policy. 4. The claimant was examined as PW.1 and Exts.A1 to A12 were marked on the side of the claimant before the Tribunal. No evidence was adduced on the side of the contesting 3rd respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence on the part of the 2nd respondent and awarded a compensation of Rs.88,500/-. 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. 7. The claimant sustained the following injuries as revealed from Ext.A2, copy of the wound certificate, issued from the Medical M.A.C.A. 432 of 2005 3 Centre Hospital, Ernakulam:- Conscious, Oriented. Abrasions on (L) Foot, (L) knee. Contusions on (R) side of chest, upper abdomen (R) side. Fractures on 9/10/11ribs (R) side. Blunt injury to (R) side of upper abdomen. 8 x 2 cm. and 10 x 2 cm. lacerations on (R) lobe of liver. Laparotomy and repair of lacerations done.” He was in the hospital for two weeks. Ext.A8 is the treatment certificate issued from the hospital. Ext.A9 is the discharge card. 8. The Tribunal awarded a total compensation of Rs.88,500/-. The break up of the compensation awarded is as under:- transport to hospital - Rs.1,000/- damage to clothings - 250/- extra nourishment - 1,000/- attendant's expenses - 1,000/- treatment expenses - 41,250/- loss of earnings - 4,000/- pain and suffering - 20,000/- loss of amenities of life - 10,000/- disability caused - 10,000/- 9. The Counsel for the appellant/claimant sought enhancement of the compensation for the disability caused and for loss of amenities and enjoyment of life. Before the Tribunal the claimant did not produce the certificate of disability, but before this court he produced the disability certificate issued by the Medical Board, dated April 8, 2005, which is marked as Ext.X1, shows that the claimant has a M.A.C.A. 432 of 2005 4 permanent disability of 17%. It is stated therein that the claimant has now the following disabilities:- “# ribs 9, 10, 11 (R), rupture (R) lobe of liver & hemoperitoneum. C/o pain (R) side of chest and pain on using (R) upper limb. Numbness (R) side of chest. Recurrent pain abdomen. O/E - 15 cm long transverse scar over (R) hypochandrium and 12 cm long midline scar from xiphisternun downwards. Tenderness over (R) 9, 10, 11, ribs. Tenderness on deep breathing & coughing. (R) shoulder abduction produces pain at # site. Tenderness over eqpgastrim & (R) hypochandrim. He is a site supervisor by profession. Based on the above findings his permanent total physical disability is assessed to be 17% (Seventeen) as per McBride's scale.” 10. The Tribunal awarded only a lump sum amount of Rs.10,000/- for the disability caused which appears to be very low. Taking into consideration the fact that the claimant is a coolie aged 32, we feel that his monthly income can be reasonably fixed at Rs.2000/-. As he was aged 32, the proper multiplier will be 17. Taking into consideration the disabilities caused to the claimant as noted in the certificate of the Medical Board, we feel that his disability can be assessed at 10%. Thus calculated, for the disability caused, the claimant is entitled to a compensation of Rs.40,800/-. Thus on this M.A.C.A. 432 of 2005 5 count the claimant is entitled to Rs.30,800/- as additional compensation. 11. The Tribunal awarded a compensation of Rs.10,000/- for loss of amenities and enjoyment of life which appears to be quite inadequate . Having regard to the nature of injuries sustained, we feel that a compensation of Rs.20,000/- would be reasonable on this count. 12. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 13. Thus the claimant is entitled to an additional compensation of Rs.40,800/-. He is entitled to interest @ 9% 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/-