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. 1414 of 2005() ----------------------- OPMV.429/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONERS: ------------------------------------ VENU NAIR, S/O. GOPALA PILLAI, ASRIPARAMBIL KIZHAKKETHIL HOUSE, MANAGALAM DESOM, CHENGALLOOR VILLAGE, ALAPPUZHA. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. PALANISWAMY, S/O. SUBRAMANYAN, DOOR NO.1/7, NEAR ELIMENTARY SCHOOL, PAPANAIKKALPATTY VILLAGE, NAMAKKAL TALUK, SALEM, TAMIL NADU. 2. S. PALANISWAMY, S/O. SUBBAYYA GOWDER, DOOR NO.2/78, K. AYYAPALAYAM, PALLADAM, TAMIL NADU 3. THE UNITED INDIA INSURANCE CO. LTD., 12TH WHITER ROAD, CHENNAI, TAMIL NADU. 4. LATHA, 251 MAIN ROAD, MOOLANNUR, CHARMAVARAM TALUK, ERODE DISTRICT, TAMIL NADU-638 106. ADV. SRI.RAJAN P.KALIYATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD 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.1414 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of November, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.429/2001 on the file of Motor Accidents Claims Tribunal, Thrissur. He sustained the following injuries in a motor accident that occurred on July 9, 2000 at about 5.30 p.m. : Lacerated wound 2 x 1 x 0.5 cm. over nose, lacerated wound 8 x 2 x 1 cm. on frontal area, lacerated wound 3 x 2 cm. over upper lip, lacerated wound 3 x 2 x 2 cm. over lower lip and severe head injury. CT scan showed small intracerebral haematoma Lt temporal region, difuse brain oedema, fracture nasal bone, fracture greater wing of sphenoid on left side. 2. The accident happened while the claimant was walking along NH 47 and reached at Pattikkad near Thrissur, he was knocked down by a mini lorry bearing Reg.No. T.N.33 S 5455 driven by the first respondent in the O.P.. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under MACA.No.1414/2005 2 Section 166 of Motor Vehicles Act claiming a compensation of Rs. 3,00,000/-. 3. Respondents 1 to 4 are the driver, present owner, insurer and previous owner of the offending mini lorry. Respondents 1, 2 and 4 in the O.P. remained absent before the Tribunal. The third respondent, the insurer of the offending mini lorry filed a written statement admitting the policy. 4. This O.P. was jointly tried along with another O.P. filed by the daughter of deceased Thomas who was also walking along with the claimant and a common award was passed. Pws 1 and 2 were examined and Exst.A1 to A20 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 mini lorry by first respondent and awarded a compensation of Rs. 72,000/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs. 2,800/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA.No.1414/2005 3 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 first 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 earnings - Rs. 7,000/- Medical expenses - Rs. 20,000/- Pain and suffering - Rs. 13,000/- Loss of amenities - Rs. 12,000/- Permanent disability and disfiguration - Rs. 2,000/- Medical bills - Rs. 18,000/- 8. Counsel for the claimant submitted that claimant has suffered disability as evidenced by Ext.A17, the certificate of disability and that therefore the Tribunal is not correct in not awarding any compensation for the disability caused. 9. The Tribunal did not award any amount for disability caused to the claimant as he is still working as conductor in KSRTC. MACA.No.1414/2005 4 But Ext.A17, the certificate of disability shows that he has 15% permanent disability which will naturally affect his daily life. Therefore, we feel that the claimant is entitled to compensation for the disability caused. Claimant was aged 33 at the time of the accident and was earning Rs. 7,000/- per month as a Conductor in KSRTC bus as evidenced by Ext.A20, the copy of duty pass issued to him. Therefore, we feel that the monthly income of the deceased can be reasonably fixed at Rs. 4,000/-. Though the doctor has certified the percentage of disability as 15%, taking into consideration the nature of the injury sustained by him, we feel that the percentage of disability can be reasonably fixed at 10%. As he was aged 33 at the time of accident, a multiplier of 17 would be reasonable in this case. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 81,600/- ( 10% x 4000 x 12 x 17). As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 10. 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 MACA.No.1414/2005 5 petition till realisation for the compensation already awarded and also for the enhanced compensation. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 81,600/-. He 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 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.1414/2005 6