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 17TH MARCH 2010 / 26TH PHALGUNA 1931 MACA.No. 1288 of 2005 ------------------------------ OPMV.31/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI ...................................... APPELLANT: CLAIMANT. ------------------------------------ ISMAIL.K. PERAVANTHODI HOUSE, MUTHUVALLUR P.O. KONDOTTY VIA, MALAPPURAM DISTRICT. BY ADV. SRI.K.I.MAYANKUTTY MATHER SRI.SUNIL SHANKER RESPONDENTS: RESPONDENTS --------------------------------------------- 1.PILLADE NAZER, PAYYANADE HOUSE, KUMMINIPARAMBA P.O. KONDOTTY VIA, MALAPPURAM DISTRICT. 2.M.K.ABOOBACKER, M.K.MANZIL, KUMMINIPPARAMBA P.O. KONDOTTY VIA, MALAPPURAM DISTRICT. 3.THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, JASEELA COMPLEX, BYPASS ROAD, MANJERI. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------------ M.A.C.A NO. 1288 OF 2005 -------------------------------------- DATED THIS THE 17TH DAY OF MARCH 2010 JUDGMENT ---------------- Barkath Ali, J. In this appeal under Section 173 of the Motor Vehicles Act, the claimant who is a Madrassa teacher, aged 19 earning Rs. 3,000/- per month challenges the judgment and award of the Motor Accidents Claims Tribunal, Manjeri in O.P(MV) No. 31/2001 dated 13.4.2005 awarding a compensation of Rs. 91,032/- for the loss caused to the claimant on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these: The claimant was aged 19 at the time of accident and was earning Rs. 3000/- per month as a Madrassa teacher and by doing agricultural work. On November 21, 1998 at about 8.00 a.m., while he was travelling in a jeep from Kumminiparamba to M.A.C.A NO. 1288 OF 2005 2 Kondotty, due to rash and negligent driving of the offending jeep by the 1st respondent, claimant fell down from the jeep, sustained serious injuries. The 1st respondent as the driver, the 2nd respondent as the owner and the 3rd respondent as the insurer of the offending jeep, are jointly and severally liable to pay compensation to the claimant. 3. Respondents 1 and 2, the driver and owner of the offending jeep remained absent and were set ex-parte by the Tribunal. The 3rd respondent, insurer of the offending jeep filed a written statement admitting the policy. 4. The claimant was examined as PW1 and Exts. A1 to A8 were marked on the side of the claimant before the tribunal. The certificate of disability of the Medical Board was marked as Ext. X1. On an appreciation of evidence, the Tribunal awarded a compensation of Rs. 91,032/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. M.A.C.A NO. 1288 OF 2005 3 5. Heard the counsel for the appellant/claimant and the counsel for the 3rd respondent, insurance company. 6. The Tribunal awarded a total compensation of Rs. 91,032/- The break up of the award amount is as under: Transport to hospital Rs. 1,000/- Extra nourishment and Rs 1,500/- bystanders expenses Medical expenses Rs. 1,532/- Pain and suffering Rs. 15,000/- Disability Rs. 72,000/- (15,000 x 16 x 30/100) ------------------- Total Rs. 91,032/- ========= 7. Ext.A2, copy of the wound certificate issued by the hospital, Ext.A3, Reference card, Ext.A4, the Discharge certificate, Ext.A5, the O.P. ticket, Ext.A6, the case records show that the appellant/ claimant has sustained the following injuries; M.A.C.A NO. 1288 OF 2005 4 1)optic nerve injury right. 2)Loss of vision for right eye. 3)Fracture neck of humerus right 4)Lacerated wound right side of fore head and right foot. 5)Dental problems. 6)Head injury 7)Injury and pain all over the body. The Medical Board has certified his disability as 30% . 8. The Tribunal took the income of the appellant as Rs. 15,000/- per month and adopted multiplier as 16 and took the disability as 30% and awarded a compensation of Rs. 72,000/- for the disability caused. Taking into account of the fact that, the claimant was a madrassa teacher and was also doing agricultural labour work, we feel that his monthly income can be fixed as Rs. 2,500/-. Multiplier adopted by the Tribunal as 16 and the disability assessed as 30% are not seriously challenged in this appeal. Thus calculated for the disability caused, claimant is entitled to a compensation of Rs. 1,44,000/-(30% of 2500x12x 16). M.A.C.A NO. 1288 OF 2005 5 9. Towards medical expense Rs.1532/- was awarded by the Tribunal. Taking into consideration the nature of the injuries sustained by the claimant, we feel that the compensation awarded is very low. The claimant would have spent considerable amount for treatment. Therefore we are of the view that Rs. 10,000/- can be awarded as compensation on this account. 10. There is another aspect to be considered. For loss of amenities and enjoyment, no compensation was awarded by the Tribunal. Vision of the right eye of the claimant is seriously affected. Therefore, we feel that a compensation of Rs. 10,000/- would be reasonable for the loss of amenities and enjoyment of life. 11. Thus the claimant is entitled to an additional compensation of Rs. 90,462/-. The Tribunal awarded interest at the rate of 6% per annum which appears to be very low. For the compensation already awarded and for the enhanced M.A.C.A NO. 1288 OF 2005 6 compensation, the claimant is entitled to the interest at the rate of 7.5% per annum from the date of petition till realization. The 3rd respondent, insurer of the offending vehicle shall deposit the amount within two months from the date of receipt of copy of this judgment with notice to the claimant. The award of the Tribunal is modified to that effect. The appeal is disposed of as found above. A.K.BASHEER (JUDGE) P.Q. BARKATH ALI (JUDGE) pkk