IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 MACA.No. 1403 of 2008() ----------------------- OPMV.1640/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- ABDUL RAHIMAN, S/O. MUSTHAFA, KEEDETHU HOUSE, CHELAKULAM VENGOLA. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): RESPONDENTS -------------------------- 1. BAVA KUNJU, THURUTHIL HOUSE, MUPPATHADAM, ALUVA 683109. 2. ABDUL SALAM, S/O. MEETHIAN KUNJU, KANAMPURAM HOUSE, NOCHIMA, ALUVA. 3. UNITED INIDA INSURANCE CO.LTD., 2ND FLOOR P.M.S. BUILDING, ELOOR ROAD, KALAMASSERRY. ADV. SMT.DEEPA GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1403 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of May, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1640/2004 on the file of Motor Accidents Claims Tribunal, Perumbavoor. In this appeal he challenges the judgment and award of the Tribunal dated February 21,2008 awarding a compensation of Rs.99,630/- 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 July 14, 2004 at about 6.15 p.m. : 1. Lacerated wound pinna left 1 x 0.5 cm. 2. Lacerated wound 2.5 x 0.5 cm. left occipital region. 3. Lacerated wound right knee 4 x 1 cm. antero-lateral aspect. 2. The accident happened while the claimant was driving an autorickshaw bearing Reg.No.KL-17/7629 along Vengola-Ponjassery public road and when he reached at Puliyampilli, the autorickshaw dashed against a lorry bearing Reg.No.KRO-6843 driven by the second MACA.No.1403/2008 2 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/-. 3. Respondents 1 and 2, the owner and the driver of the offending lorry remained absent before the Tribunal. The third respondent, the insurer of the offending lorry filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A12 and Ext.X1 were marked on the side of the claimant before the Tribunal. Exts.B1 was marked 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 lorry by second respondent and awarded a compensation of Rs. 99,630/- with interest @ 7% interest from the date of application till 30-06-2007 and thereafter @ 7.5% per annum till realisation. 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 MACA.No.1403/2008 3 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 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.99,630/-. The break up of the compensation amount awarded is as under: Loss of earnings - Rs. 6,000/- Treatment expenses - Rs.33,000/- Transportation expenses - Rs. 1,000/- Damage to clothing - Rs. 250/- Pain and suffering - Rs.18,000/- Loss of amenities - Rs.12,000/- Attendant's charges - Rs. 1,500/- Extra nourishment - Rs. 1,000/- Disability - Rs.26,880/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. 9. The Tribunal took the monthly income of the claimant as Rs.2,000/- and took the percentage of disability as 7% and adopted a multiplier of 16 and awarded Rs. 26,880/- for the disability caused. MACA.No.1403/2008 4 According to the claimant, he was a driver aged 38 earning Rs.4,500/- per month. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 3,000/-. The percentage of disability as 7% and the multiplier as 16 taken by the Tribunal are not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 40,320/- ( 7% x 3000 x 12 x 16). Thus on this count, the claimant is entitled to an additional compensation of Rs.13,440/-. 10. The Tribunal awarded Rs.12,000/- for loss of amenities and enjoyment in life and Rs.18,000/- for pain and suffering endured. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 20,000/- for loss of amenities and enjoyment in life and Rs. 25,000/- for pain and suffering endured would be reasonable. 11. There is another aspect in this case. The Tribunal awarded Rs. 6,000/- towards loss of earnings for 3 months @ Rs. 2,000/- per month. As we have fixed the monthly income of the claimant as Rs. 3,000/-, he is entitled to a compensation of Rs. 9,000/- towards loss MACA.No.1403/2008 5 of earnings. Thus on this count, the claimant is entitled to an additional compensation of Rs. 3,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 12. In the result, the claimant is found entitled to an additional compensation of Rs. 31,440/-. 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.1403/2008 6 MACA.No.1403/2008 7