IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 MACA.No. 408 of 2005() ---------------------- OPMV.134/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- MALIK @ SHAHIR MALIK, AGED 9 YEARS (MINOR) S/O. UMMER MINOR REPRESENTED BY FATHER AND GUARDIAN UMMER, S/O. BAVA, MELETH PUTHENPURAYIL HOUSE, POST MANDAD, MUTTIL SOUTH VILLAGE, VYTHIRI TALUK. BY ADV. SMT.VANAJA MADHAVAN RESPONDENTS/RESPONDENTS --------------- 1. GOPAKUMAR, S/O. BALAKRISHNAN NAIR K.P. PATHEVATTAM VEETTIL, CHOTTIMOOLA, POST POOMALA, SULTHANBATHERI (VIA), WAYANAD, (DRIVER OF KL 10-C 1575 BUS). 2. K.N. SATHEESAN, AGE AND FATHER'S NAME NOT KNOWN KARUNGATILTHAZHE HOUSE, PALLIKKARA, BADAGARA, MELADY, KOZHIKODE DISTRICT. (R.C.OWNER OF KL 10-C 1575 BUS). 3. THE BRANCH MANAGER, NATINOAL INSURANCE CO.LTD.,KALPETTA SHOPPING COMPLEX, KALPETA. (INSURER OF KL 10-C 1575 BUS POLICE NO.570309/98/6300101). 4. V.V. POULOSE, S/O. VARKEY, VATTAPPALLIYIL, THOTTAMOOLA P.O., NENMENIKKUNNU, CHEERAL (VIA), SULTHANBETHERY. ADV. SRI.RAJAN P.KALIYATH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.408 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.134/1999 on the file of Motor Accidents Claims Tribunal,Wayanad, Kalpetta. In this appeal he challenges the judgment and award of the Tribunal dated October 29, 2004 awarding a compensation of Rs1,61,000/- 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 September 26, 1998 : Fracture of left scalp, fracture of left femur, fracture pelvis with rupture of urethra, Extensive injury of the right arm and right leg, fracture of upper end of right ulna and multiple soft tissue injuries. 2. The accident happened while the claimant was walking along the side of the road and when he reached at Gokulam Hollow Bricks Factory, he was knocked down by a bus bearing Reg.No.KL- 10-C-1575 driven by the first respondent. Alleging negligence against the second respondent, the claimant being a minor through her father filed the O.P. before the Tribunal under Section 166 (1) (a) of Motor MACA.No.408/2005 2 Vehicles Act claiming a compensation of Rs. 4,00,000/-. 3. Respondents 1, 2, & 4, the driver, R.C owner and the present owner of the offending bus remained absent before the Tribunal. The third respondent, the insurer of the offending bus filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A6 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 bus by first respondent and awarded a compensation of Rs. 1,61,000/- with interest @ 6% 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 first respondent is not challenged in this appeal. Therefore, the only MACA.No.408/2005 3 question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.1,61,000/-. The break up of the compensation amount awarded is as under: Transportation -Rs. 1,000/- Extra nourishment -Rs. 6,000/- Bystander expenses -Rs. 6,000/- Treatment expenses -Rs. 5,000/- Pain and suffering -Rs.15,000/- Disability - Rs.1,08,000/- Loss of studies, loss of earning power etc. - Rs. 20,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused. He pointed out that no compensation was awarded for future treatment expenses and for loss of amenities and enjoyment of life. 9. The Tribunal took the monthly income of the claimant as Rs.1,000/- and took the percentage of disability as 60% as certified by the doctor in Ext.A6 and adopted a multiplier of 15 and awarded Rs. 1,08,000/- for the disability caused. The claimant was a boy aged 9 at the time of the accident. We had seen him in court. We are satisfied MACA.No.408/2005 4 that still he is suffering from the disabilities mentioned in Ext.A6. The disabilities caused to him affected his social, developmental and reproductive capacity. Therefore, the percentage of disability assessed by the doctor in Ext.A6 as 60% appears reasonable. The Tribunal took the monthly income of the claimant as only Rs.1,000/- which appears to be very low. Taking into consideration his future prospects in life, we feel that his monthly income can be reasonably fixed at Rs.2,500/-. The multiplier of 15 taken by the Tribunal is not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.2,70,000/- ( 60% x 2500 x 12 x 15). Thus on this count, the claimant is entitled to an additional compensation of Rs.1,62,000/-. 10. The nature of the injury sustained by the claimant shows that he requires future treatment for which we feel that a compensation of Rs.50,000/- would be reasonable. 11. No compensation is seen awarded for loss of amenities and enjoyment in life. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensated of Rs. 15,000/- would be reasonable on this count. As regards the compensation MACA.No.408/2005 5 awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 12. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum which appears to be very low. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. 13. In the result, the claimant is entitled to an additional compensation of Rs.2,27,000/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation 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.408/2005 6 MACA.No.408/2005 7