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 9TH MARCH 2011 / 18TH PHALGUNA 1932 MACA.No. 313 of 2011() ---------------------- OPMV.1439/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER -------------- P.C.JOY, S/O CHACKO PUTHUVEETTIL HOUSE, VALAKKAI P.O. KOYYAM, KANNUR DISTRICT BY ADV. SRI.O.V.MANIPRASAD RESPONDENTS/RESPONDENTS --------------- 1. K.K.RAJAN, KALAMTHODI HOUSE CHEKKIKULAM, KUTTIATTOOR KOODALI P.O., KANNUR 2. KOKKILATT PUTHIYA PURAYIL MANSOOR S/O KADER, PAYYAVOOR AMSOM DESOM P.O. PAYYAVOOR, KANNUR 3. NEW INDIA ASSURANCE CO. LTD. BRANCH OFFICE, NEAR MUNICIPAL BUS STAND, KANNUR ADV. SRI.A.C.DEVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.313 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1439/1997 on the file of Motor Accidents Claims Tribunal, Thalassery. In this appeal he challenges the judgment and award of the Tribunal dated December 12, 2002 awarding a compensation of Rs.46,735/- 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 February 10, 1997 at about 9.30 a.m.: Fracture shaft of femur and crack fracture of upper 1/3 of the fibula left side. 2. The accident happened while the claimant was walking along the road at Valakkai near Thalassery, he was knocked down by a jeep bearing Reg.No.KRC 1832 driven by the second respondent. 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. 2,00,000/-. MACA.No.313/2011 2 3. Respondent No. 1, owner of the offending jeep remained absent before the Tribunal. The second respondent, the driver of the offending jeep filed a written statement admitting the accident, but attributed negligence to the claimant. The third respondent, the insurer of the offending jeep filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A7 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending jeep by second respondent and awarded a compensation of Rs. 46,735/- with interest @ 9% 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 MACA.No.313/2011 3 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.46,735/-. The break up of the compensation amount awarded is as under: Transportation - Rs. 1,500/- Bystander expenses - Rs. 1,200/- Loss of earnings - Rs. 7,500/- Treatment expenses - Rs.19,535/- Pain and suffering - Rs.12,000/- Loss of amenities - Rs. 5,000/- 8. Counsel for the claimant sought enhancement of compensation for the pain and suffering endured and for the loss of amenities and enjoyment of life. He pointed out that no compensation was awarded by the Tribunal for the disability caused. 9. The Tribunal took the monthly income of the claimant as Rs.1,250/-. The claimant was an agricultural labourer earning Rs.3,000/- per month, according to him. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 2,250/-. In Ext.A6 disability certificate issued by the Medical Board, the doctor has assessed the disability of the MACA.No.313/2011 4 claimant at 20%. Therefore, we are of the view that the claimant is entitled to compensation for the disability caused. Taking into consideration the disabilities caused to the claimant as stated in Ext.A1, we feel that the percentage of disability can be reasonably fixed at 10%. A multiplier of 16 would be reasonable in this case. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 43,200/- ( 10% x 2250 x 12 x 16). 10. The Tribunal awarded Rs.5,000/- for loss of amenities and enjoyment in life and Rs.12,000/- for pain and suffering endured. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.10,000/- for loss of amenities and enjoyment in life and Rs.15,000/- for pain and suffering endured would be reasonable. 11. There is another aspect in this case. The Tribunal awarded Rs. 7,500/- towards loss of earnings for 6 months @ Rs.1,250/- per month. As we have fixed the monthly income of the claimant as Rs. 2,250/-, he is entitled to a compensation of Rs. 13,500/- towards loss of earnings. Thus on this count, the claimant is entitled to an MACA.No.313/2011 5 additional compensation of Rs. 6,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 12. There is a delay of 2132 days in representing the appeal. Therefore, the claimant will not be entitled to interest for the said period of delay. 13. In the result, the claimant is found entitled to an additional compensation of Rs. 57,200/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. The claimant will not be entitled to interest for the period of delay of 2132 days in representing the appeal. 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.313/2011 6 MACA.No.313/2011 7