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 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 MACA.No. 2025 of 2005() ----------------------- OPMV.682/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- PRABHAKARAN, S/O. KOCHU KALAPURACKAL HOUSE, THANIYAM VILLAGE, ANTHIKKAD, TRICHUR DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.SREEKANTH.K.R SMT.THARA THAMBAN RESPONDENT(S): --------------- 1. A.M. RAHMATHALI, S/O. MOHAMMED AMBALATH VEETTIL HOUSE, EDAMUTTOM P.O., TRICHUR DISTRICT. 2. SHOUKATHALI, S/O. KUNJUMON, OTTALI HOUSE, MOOTHEDATHARA DESOM, THANIYAM, ANTHIKKAD, TRICHUR DISTRICT. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED BRANCH OFFICE NATTIKA. ADV. SRI.P.G.GANAPPAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2025 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of November, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.682/1998 on the file of Motor Accidents Claims Tribunal, Irinjalakuda. He sustained the following injuries in a motor accident that occurred on October 11, 1997 at about 4.30 p.m : Lacerated wounds right side of face and left knee, abrasion left index finger, left little toe and right leg. 2. The accident happened while the claimant was travelling in an autorickshaw bearing Reg.No.KL-8/4282 along Thrissur-Triprayer public road and when he reached at Chirakkal, the autorickshaw dashed against a car bearing No.KL-8/D 2759 driven by the second respondent in the O.P. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 3,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending car filed written statements before the Tribunal admitting the MACA.No.2025/2005 2 accident, but attributed negligence to the driver of the autorickshaw. The third respondent, the insurer of the offending car filed a written statement admitting the policy, but denied the liability. 4. Pws 1 and 2 were examined and Exts.A1 to A12 were marked on the side of the claimant before the Tribunal. Ext.B1 was marked on the side of the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending car by second respondent and awarded a compensation of Rs.60,157/- with interest @ 6% 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 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 second respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is MACA.No.2025/2005 3 entitled to any enhanced compensation. 7. The break up of the compensation awarded by the Tribunal is as under : Loss of earning - Rs. 4,500/- Transportation - Rs. 250/- Medical bills - Rs. 707/- Bystander expenses - Rs. 1,000/- Pain and suffering - Rs. 7,500/- Disability - Rs.43,200/- Loss of amenities - Rs. 3,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused, for pain and suffering endured and for loss of amenities and enjoyment of life. 9. The Tribunal took the monthly income of the claimant as Rs.1,500/-, took the percentage of disability as 20%, adopted a multiplier of 12 and awarded Rs. 43,200/- for the disability caused. The claimant was self employed and used to earn Rs. 4,500/- per month as testified by him as PW1. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 2,500/-. PW2, the doctor has certified in Ext.A9 certificate MACA.No.2025/2005 4 that claimant has a permanent disability of 30%. But taking into consideration the nature of the disabilities caused to him, we feel that the percentage of disability adopted by the Tribunal as 20% is reasonable. The Tribunal adopted a multiplier of 12. But as per the Second Schedule to Motor Vehicles Act, the proper multiplier to be adopted is 11 as he was aged 52 at the time of accident. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 66,000/- ( 20% x 2500 x 12 x 11). Thus on this count, the claimant is entitled to an additional compensation of Rs.22,800/-. 10. The Tribunal awarded Rs.7,500/- for pain and suffering endured and Rs.3,000/- for loss of amenities and enjoyment in life which appears to be quite inadequate. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 15,000/- for pain and suffering endured and Rs.10,000/- for loss of amenities and enjoyment in life would be reasonable. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not MACA.No.2025/2005 5 disturbing the same. 11. There is another aspect in this case. The Tribunal awarded interest only @ 6% 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. 12. In the result, the claimant is found entitled to an additional compensation of Rs. 37,300/-. 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 third 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 sv. MACA.No.2025/2005 6 MACA.No.2025/2005 7