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 17TH MAY 2010 / 27TH VAISAKHA 1932 MACA.No. 1777 of 2007() ----------------------- OPMV.869/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER ---------------------------------- LOKESAN, S/O. PASUPALAN, MOOCHITHODI HOUSE, NAGARIPURAM POST, PALAKKAD. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): RESPONDENTS -------------------------- 1. KUNHUNNIAN HAJI, S/O. SIRAJU HAJI, THANIKKAL HOUSE, VILAYOOR, WEST PATTAMBI, PALAKKAD. (OWNER OF KL-9 C. 3333 LORRY). 2. A.K.HASANKUTTY, S/O. MOIDEENKUTTY, ATHIKKODAN HOUSE, KIZHOOR ROAD, THRIKKADEERI, PATTAMBI. (DRIVER OF KL-9C 3333 LORRY). 3. THE UNITED INDIA INSURANCE CO. LTD., PERINTHALMANNA. (POLICY NO.12-00-01101003/31/021/16/08984/1998 VALID FROM 29.1.1999 TO 28.1.2000). ADV. SRI.M.A.GEORGE FOR R3 SRI.SANTHEEP ANKARATH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 1777 of 2007 ------------------------------------------------------ Dated: MAY 17, 2010 JUDGMENT Barkath Ali, J. In this appeal under sec.173 of the Motor Vehicles Act the claimant in OP(MV) 869/2000 of the Motor Accidents Claims Tribunal, Palakkad, challenges the judgment and award of the Tribunal dated January 12, 2007 awarding a compensation of Rs.1,42,500/- for the loss caused to the claimant on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal in brief are these: On December 1, 1999 at about 10.10. a.m. the claimant was riding his motorcycle bearing registration No. KLM 4175 from Pathiripala to Ottapalam. At that time a lorry bearing registration No. KL 9C 3333 came at a high speed from the opposite side and dashed against the motorcycle of the claimant. The claimant sustained serious injuries. According to the claimant the accident occurred due to the negligence on the part of the driver of the lorry. The 1st respondent as the owner, the 2nd respondent as the driver and the 3rd respondent as the insurer of the offending lorry are jointly and severally liable to pay compensation to the claimant. The claimant claimed a compensation of Rs.6 lakhs. M.A.C.A. 1777 of 2007 2 3. Respondent No. 1 filed a written statement admitting the accident, but contended that the accident occurred due to the negligence on the part of the claimant. The 2nd respondent, driver of the offending vehicle, remained absent. The 3rd respondent, insurer of the offending vehicle, filed a written statement admitting the policy. 4. PWs.1 and 2 were examined and Exts.A1 to A13 series were marked on the side of the claimant before the Tribunal. No evidence was adduced on the side of the contesting respondents. On an appreciation of evidence the Tribunal awarded a compensation of Rs.1,42,500/-. The break up of the compensation awarded is as under:- transport to hospital - Rs.1,200/- expenses of an attendant - 7,650/- extra nourishment - 2,550/- damage to clothings - 550/- medical expenses - 83,950/- loss of earnings - 16,500/- pain and sufferings - 20,000/- loss of enjoyment of life - 10,000/- ------------------------- Total - 1,42,400 rounded off to - Rs.1,42,500/- ============== The claimant has now come up in appeal challenging the quantum of M.A.C.A. 1777 of 2007 3 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 2nd respondent, driver of the offending lorry, 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 claimant sustained the following injuries as revealed from Ext.A6, copy of the wound certificate and Ext.A7 medical certificate issued from the Aswini Hospital, Thrissur. “fracture temporal bone right, lacerated wound right pinna 3 x 2 x 1 cm. Type-III open fracture right femur lower 3rd, lacerated wound right forearm upper 3rd 5 x 2 x 2 cm., multiple abrasions.” He was in the hospital for 51 days. Ext.A1 is the certificate of disability. 8. On a direction from this Court, the claimant appeared before the Medical Board, Government Medical College, Thrissur and the Board has assessed his disability as 21%. His loss of earning capacity was assessed as 42%. 9. The Counsel for the appellant/claimant pointed out that no compensation was awarded for the disability caused. The Tribunal M.A.C.A. 1777 of 2007 4 took the monthly income of the claimant as Rs.1500/-, but did not award any compensation for the disability caused. The claimant was a businessman. Therefore we feel that his monthly income can be reasonably fixed as Rs.2000/-. He was aged 28. Therefore the proper multiplier would be 18. Thus calculated, for the disability caused the claimant is entitled to a compensation of Rs.90,720/-(21% of 2000 x 12 x 18). As regards the compensation awarded under other heads, we find it to be reasonable and therefore we are not disturbing the same. 10. Thus the claimant is entitled to an additional compensation of Rs.90,720/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. The 3rd 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 mt/-