IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 MACA.No. 283 of 2005() ---------------------- OPMV.1328/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: ----------------------------------- ABHIJITH JOHN PAUL, S/O. YOHANNAN, AGED 14 YEARS, PUTHENPARAMBIL HOUSE, CHINGAVANAM, KOTTAYAM REPRESENTED BY HIS NEXT FRIEND AND FATHER YOHANNAN, S/O. PAUL, PUTHENPARAMBIL HOUSE, CHINGAVANAM, KOTTAYAM. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS/RESPONDENTS --------------- 1. BASHEER P.S., PALIYATHU HOUSE, THODUPUZHA. 2. SHAJI, S/O. ANANDHAN, KACHAKOTTIL HOUSE, MANJALLOOR KARA, MANJALLOOR VILLAGE, MUVATTUPUZHA. 3. NATIONAL INSURANCE CO. LIMITED PERUMBAVOOR. 4. SAJU SCARIA, PALLATHU HOUSE, RAMAMANGALAM. 5. GIJI, S/O. JOSEPH, MAMALATHAAZHATHU VILLAGE, RAMAMANGALAM KARA, RAMAMANGALAM VILLAGE. 6. NATIONAL INSURANCE CO.LIMITED, PERUMBAVOOR. ADV. SRI.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE FOR R1 SRI.K.JAYAKUMAR FOR R1 SRI.P.B.KRISHNAN FOR R1 SRI.H.B.SHENOY FOR R5 SRI.B.ASHOK SHENOY FOR R5 SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 283 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1328/2000 on the file of Motor Accidents Claims Tribunal, Muvattupuzha. In this appeal, he challenges the judgment and award of the Tribunal dated July 31, 2004 awarding a compensation of Rs.87,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident that occurred on April 30, 2000 at Perumbavoor : 1. Lacerated wound 8 x 6 cm. muscle deep over the anterior medial aspect of right leg extending over the upper and middle 3rd of leg. 2. Fracture upper end of tibia right leg. 3. Fracture lower 3rd of right fibula. 4. Abrasion on the lower lip, on the cheeks and above both eyes. 5. Abrasion on the right deltoid area. 6. Swelling over the dorsum of right foot. 7. Fracture 1st, 2nd, 3rd and 4th Metatarsel of right foot. MACA.No.283/05 2 8. Abrasion over the dorsum of left foot and right middle 3rd finger. 9. Bleeding from ear and nose. 2. The accident happened while the claimant was pillion riding on the motor cycle bearing Reg.No.KL 7W/6463 along Perumbavoor -Puthencruz road. When the vehicle reached at Perumbavoor, the motor cycle collided head on with the autorickshaw bearing Reg.No.KL-I/5193 driven by the second respondent. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 (1) (a) of Motor Vehicles Act claiming a compensation of Rs.2,00,000/-. 3. Respondents 1, 2 and 3 are the owner, driver and insurer of the offending autorickshaw. Respondents 4, 5 and 6 are the the owner, rider and insurer of the motor cycle. Respondents 2, 4 and 5 remained absent before the Tribunal. The third respondent, the insurer of the offending autorickshaw filed a written statement admitting the policy. The sixth respondent admitted the policy of motor cycle. 4. This O.P. was jointly tried along with another O.P. filed by the rider of the motor cycle and a common award was passed by the MACA.No.283/05 3 Tribunal. Exts.A1 to A14 were marked on the side of the claimant before the Tribunal. No evidence was adduced by 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 autorickshaw by second respondent and awarded a compensation of Rs. 87,000/- with interest @ 9% per annum from the date of petition till realisation and proportionate cost against respondents 1 to 3. 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 entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.87,000/-. The break up of the compensation amount awarded is as under: MACA.No.283/05 4 Transportation - Rs. 2,500/- Damage to clothing - Rs. 500/- Extra nourishment - Rs. 2,000/- Treatment expenses -Rs.31,000/- Attendant expenses - Rs. 3,000/- Pain and suffering - Rs.20,000/- Disability - Rs. 20,000/- Loss of amenities - Rs. 8,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused and for loss of amenities and enjoyment in life . 9. The Tribunal awarded Rs.20,000/- for the disability caused which appears to be very low. As no document is produced by the claimant to prove his income, his income can be reasonably fixed at Rs.15,000/- per annum. As he was aged 13 at the time of the accident, a multiplier of 15 would be reasonable in this case. The Tribunal took the percentage of disability at 10% as certified by the doctor in Ext.A12 certificate which appears to be reasonable. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.27,000/- ( 10% x 1500 x 12 x 15). Thus on this count, the claimant is entitled to an additional compensation of Rs.7,000/-. 10. The Tribunal awarded Rs.8,000/- for loss of amenities and MACA.No.283/05 5 enjoyment in life. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 19,000/-. He is entitled to interest @ 9% per annum from the date of petition till realisation 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.283/05 6 MACA.No.283/05 7