IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 MACA.No. 684 of 2005() ---------------------- OPMV.312/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER ---------------------------------- DAISON K.D. ALIAS JAISON K.D., S/O.DEVASYKUTTY, RESIDING AT KOLAYADAN HOUSE, ALOOR DESOM, ALOOR P.O., THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SRI.LEJU T.BALAN RESPONDENT(S): RESPONDENTS -------------------------- 1. K.PRADEEP, RESIDING AT KUNDUVALAPPIL HOUSE, P.O.MADAKKATHARA, MANNUTHI, THRISSUR DISTRICT. 2. K.GOVINDANKUTTY, RESIDING AT KULANGARA HOUSE, MADAKKATHARA, MANNUTHI, THRISSUR DISTRICT. 3. THE MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., THRISSUR. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No.684 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of February, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.312/1998 of Motor Accidents Claims Tribunal, Irinjalakkuda challenges the judgment and award of the Tribunal dated October 21, 2004 awarding a compensation of Rs. 150138/- for the loss caused to the claimant on account of the injuries sustained in a motor accident. 2. The facts in brief are these : The claimant is working as a Medical Representative and he is aged 28 earning a monthly income of Rs. 12,000/-,according to the him. On November 11, 1997, the claimant was riding his motor cycle bearing Reg.No. KL-5/B 1138 from Aloor to Ernakulam. When he reached in front of Muringoor Kappela , a Maruthi Van bearing Reg.No. KL-8/H 4180 driven by the first respondent came at a high speed from the opposite side and knocked him down. The claimant sustained serious injuries. MACA.No.684/05 Page numbers According to the claimant,the accident occurred due to the rash and negligent driving of the Maruthi Van by the first respondent. First respondent as the driver, second respondent as the owner and third respondent as the insurer of the offending vehicle are jointly and severally liable to pay compensation to the claimant. The claimant claimed a compensation of Rs. 6 lakhs. 3. Respondents 1 and 2, the driver and owner of the offending vehicle filed a joint written statement admitting the accident, but contending that accident occurred due to the negligence on the part of the claimant. Third respondent, the insurer of the offending vehicle filed a written statement admitting the policy. PWs 1 to 3 were examined and Exts.A1 to A13 and Ext.X1 were marked on the side of the claimant. On the side of the respondents, Ext.B1 was marked. 4. On an appreciation of evidence, the Tribunal awarded a compensation of Rs. 150, 138/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. The accident is not disputed. The finding of the Tribunal MACA.No.684/05 Page numbers 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 ? 6. The Tribunal awarded compensation as follows : Loss of earning - Rs. 4500/- Transport to hospital -Rs. 3945/- Medical expenses -Rs. 65593/- Extra nourishment -Rs. 2,700/- Pain and suffering -Rs. 12,500/- Disability -Rs. 45,900/- Loss of teeth -Rs. 10,000/- Loss of amenities and enjoyment of life -Rs. 5,000/- -------------- Rs. 150,138/- ========= 7. The claimant sustained fracture of zygoma, fracture of tibia and Maxilla. He lost four of his teeth. Ext.A6 is the disability certificate. Ext.A8 is the C.T Scan report. Ext.A7 is the discharge summary. Ext.A4 is the wound certificate. Ext.A11, the certificate issued by PW2, the doctor, shows that the claimant suffered a permanent disability of 10%. PW3, another doctor, who issued MACA.No.684/05 Page numbers Ext.A12 disability certificate, shows that the claimant has suffered a disability of 15%. 8. The compensation awarded by the Tribunal for the disability caused and for the pain and suffering endured by the claimant is mainly disputed by the appellant. The Tribunal took the monthly income of the claimant as Rs. 1500/- and adopted a multiplier of 17 and took the disability as 15%. The claimant was aged 30 at the time of the accident. No document is produced by the claimant to prove his income. Further, as PW1 he testified that he was working as a Medical representative. Therefore, in our view, his monthly income can be reasonably assessed at Rs. 2500/-. The multiplier adopted as well as the percentage of disability fixed by the Tribunal is not seriously disputed by the claimant. Thus calculated for the disability caused, the claimant is entitled to Rs. 76,500/-. Thus on this count, he is entitled to an additional compensation of Rs.30,600/- 9. For the pain and suffering endured by the claimant, Rs. 12500/- was awarded by the Tribunal which appears to be very low. The claimant sustained three fractures and lost four of his teeth. MACA.No.684/05 Page numbers Therefore, we feel that Rs. 20,000/- would be reasonable on this count. Thus he is entitled to an additional compensation of Rs. 7500/- on this count. The compensation awarded by the Tribunal under other heads is not questioned before us. 10. Thus the claimant is entitled to an additional compensation of Rs.38,100/- He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. Third respondent being the insurer of the offending vehicle shall deposit the amount within two months from the date of receipt of a copy of this judgment before the Tribunal with notice to the claimant. The Appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.684/05 Page numbers