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 30TH MARCH 2011 / 9TH CHAITHRA 1933 MACA.No. 1247 of 2005() ----------------------------------- OPMV.119/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER ------------------------------------ SHYMOL, D/O.BABY, ELANJIKU MALAYIL HOUSE, P.O.NELLIKUZHI, ERNAKULAM DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SRI.SREEKANTH.K.R. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. SADANANDAN. A.K., ALAPPATTUKUNNEL HOUSE, KALATHUMKADAM, THALAPALAM. 2. BOBY JOSEPH, S/O.JOSEPH, THOTTUNKAL HOUSE, NERIAMANGALAM, KOTHAMANGALAM. 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, USHUS BUILDINGS, MAIN ROAD, P.B.NO.26, PUNALUR-691 305. R3 BY ADV. SRI.N.S.MOHAMMED USMAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs A.K.BASHEER & P.Q.BARKATH ALI, JJ. --------------------------------------------- M.A.C.A.No. 1247 OF 2005 --------------------------------------------- Dated this the 30th day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.119/2001 on the file of Motor Accidents Claims Tribunal, Irinjalakuda. In this appeal the claimant challenges the judgment and award of the Tribunal dated May 6, 2004 awarding a compensation of Rs.55,000/- for the loss caused to the claimant on account of the injuries sustained by her in a motor accident. 2. The accident happened on November 3, 2008 at 11 p.m. While the claimant and her family were travelling in a jeep bearing registration No.KL-2E-9654 along the Trichur- Ernakulam National Highway, and when they reached near Perinjalakulam due to negligence of the driver the jeep dashed against the back side of a lorry bearing registration No.TN-41/F-8474 which was proceeding in front. The claimant sustained the following injuries. (i) Head injury. (ii) Fracture Pelvis. MACA No.1247/2005 -2- 3. Alleging negligence against the 2nd respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 3,00,000/-. 4. Respondents 1 and 2, the owner and driver of the offending jeep remained absent before the Tribunal. 3rd Respondent, the insurer of the offending jeep filed a written statement admitting the policy of the vehicle. 5. This O.P. was jointly tried along with other O.Ps. filed by other injured persons in the accident and a common award was passed by the Tribunal. 6. PW1 to PW3 were examined and Exts.A1 to A37 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the contesting 3rd respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the rash and negligent driving of the 2nd respondent and awarded a compensation of Rs. 55,000/- with interest at 6% per annum from the date of petition till realisation and proportionate costs. The claimant has now come up in appeal challenging MACA No.1247/2005 -3- the quantum of compensation awarded by the Tribunal. 7. Heard the counsel for the claimant and the counsel for the Insurance Company. 8. 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, the driver of the offending vehicle and that the claimant sustained the injuries described in Ext.37 wound certificate in the accident are not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 9. The Tribunal awarded a total compensation of Rs.55,000/-. The break up of the compensation amount awarded is as under: Transportation expense - Rs. 1,000/- Medical expenses - Rs.12,800/- Bystander expense - Rs. 1,000/- Extra nourishment - Rs. 500/- Loss of earning powers - Rs.18,432/- Pain and suffering - Rs.15,000/- Loss of amenities and discomforts - Rs. 6,300/- ----------------- Total Rs.55,032/- ======= MACA No.1247/2005 -4- 10. Counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. 11. The Tribunal took the monthly income as Rs.1,200/-, took the disability as 8% and adopted a multiplier of 16 and awarded Rs.18,432/- for the disability caused. The claimant was a nursing student aged 18 at the time of accident. Taking into consideration the above aspect we feel that her monthly income can be reasonably fixed as Rs.1,500/-. 12. In Ext.A14 shows that she has suffered a disability of 14%. Her hip movements are affected. She cannot walk long distance. She has difficulty in climbing steps. Taking into consideration the above aspects we are of the view that her percentage of disability can be reasonably assessed at 10%Multiplier adopted as 16 is not seriously challenged. Thus calculated for the disability caused claimant is entitled to a compensation of Rs.28,800/- (10% x 1500 x 12 x 16). 13. Tribunal awarded Rs.6,300/- for loss of amenities. Taking into consideration the nature of the injury sustained by the claimant we feel that Rs.15,000/- would be MACA No.1247/2005 -5- 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. 14. In the result, the claimant is found entitled to an additional compensation of Rs.19,068/- with interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded by the Tribunal and also for the enhanced compensation. 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. Sd/- A.K.BASHEER, JUDGE Sd/- P.Q.BARKATH ALI, JUDGE AMG True copy P.A. to Judge