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 28TH MARCH 2011 / 7TH CHAITHRA 1933 MACA.No. 2032 of 2007() ---------------------------------- OPMV.529/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): /PETITIONER -------------------------------------------- JIM JOSEPH S/O. JOSEPH (MINOR) REPRESENTED BY FATHER AND NATURAL GUARDIAN JOSEPH KARUKAPPALLIL HOUSE, THOTTIKKADUBHAGOM UPPUTHODU KARA AND VILLAGE. BY ADVS. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. JIMMY,S/O.ABRAHA, PACKAL HOUSE POOTHAKUZHYKADABHAGOM, UPPUTHODU KARA AND VILLAGE 2. ORIENTAL INSURANCE CO. LTD KOTHAMANGALAM. R2 BY ADV. SRI.P.V.JYOTHI PRASAD THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 2032 of 2007 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 28th day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.529/2001 on the file of the Motor Accidents Claims Tribunal, Thodupuzha. In this appeal he challenges the judgment and award of the Tribunal dated July 16, 2004 awarding a compensation of Rs. 54,295/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on October 6, 2000 at 2 p.m. at Thottikada bhagam in Upputhode. While the claimant was standing on the side of the road, he was knocked down by a jeep bearing registration No.KL-5/B 2969, driven by the first respondent. As a result of the accident, he sustained serious injuries. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.2,00,000/-. MACA 2032/2007 2 3. First respondent, the owner-cum-driver of the offending jeep, remained absent and he was set ex parte by the Tribunal. Second respondent, the insurer of the offending jeep, filed a written statement admitting the policy, but attributed negligence to the claimant. Exts.A1 to A11 were marked on the side of the claimant. Ext.B1 was marked on the side of the contesting second respondent. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the first respondent and awarded a compensation of Rs.54,295/- with interest @ 6% 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 first respondent 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. MACA 2032/2007 3 6. The claimant sustained the following injuries in the accident:- 1) Closed supra condylar fracture right femur. 2) Closed upper 1/3 fracture right tibia. 3) Supra condylar fracture left femur. 4) Deep abrasions over the right and left lower limbs and over the forehead. 7. The Tribunal awarded a total compensation of Rs.54,293/-. Break up of the compensation awarded is as under:- Transportation expenses : Rs. 4,800 Damage to clothing : Rs. 250 Bystander's expenses : Rs. 2,400 Extra nourishment : Rs. 1,000 Medical bills : Rs.15,093 Pain and suffering : Rs.15,000 Disability : Rs.15,750 ------------------ Total : Rs.54,293 ======= 8. The counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. He has argued that no compensation was awarded by the Tribunal for the loss of amenities and enjoyment in life. 9. No compensation was seen awarded by the Tribunal for the loss of amenities and enjoyment in life. Taking into MACA 2032/2007 4 consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.10,000/- for the loss of amenities and enjoyment in life would be reasonable. 10. The claimant was a boy aged 2 at the time of the accident. The Tribunal took the percentage of disability as 7%, though the doctor has certified 10% disability in Ext.A3 certificate. The Tribunal took the notional income of the claimant as Rs.15,000/- per annum, adopted a multiplier of 17 and awarded Rs.15,750/- towards the disability caused. Having regard to all these facts and in the circumstances of the case, we are of the view that the compensation awarded by the Tribunal for the disability caused and on other heads are reasonable and therefore we are not disturbing the same. 11. In the result, the claimant is found entitled to an additional compensation of Rs.10,000/-. The Tribunal awarded interest only @ 6% per annum, which appears to be very low. He 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 second respondent being the insurer of the offending vehicle shall deposit the amount within two months from the date of MACA 2032/2007 5 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