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 6TH JANUARY 2011 / 16TH POUSHA 1932 MACA.No. 821 of 2006() ---------------------- (OPMV.893/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM) .................... APPELLANT/APPELLANT. ----------------------------------- N.R.RAGHUKUMAR, S/O.RAGHAVA KURUP, AGED 48 YEARS, NARAYANA VILASAM, PALAPPURAM POST, OTTAPPALAM TALUK, PALAKKAD. BY ADVS. SRI.O.P.NANDAKUMAR SRI.V.A.AJAI KUMAR RESPONDENTSRESPONDENTS. ------------------------------------------- 1. BALAKRISHNAN A.P. S/O.A.P.RAJAGOPALAN NAIR, VADAKKEKKARA VEEDU, CHETHALLUR, PALAKKAD DISTRICT. 2. UNNIKRISHNAN, S/O.KUNCHU, PALLIKANDATHU VEEDU, KANNADI POST, PALAKKAD DIST. 3. THE UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, DOOR NO.18/298, G.B.ROAD, PALAKKAD. R3 BY ADV. SMT.P.K.SANTHAMMA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 821 of 2006 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 6th January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No. 893 of 2000 on the file of the Motor Accidents Claims Tribunal, Ottapalam. In this appeal he challenges the judgment and award of the Tribunal dated January 31, 2003 awarding a compensation of Rs.1,66,300/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The claimant sustained the following injuries in the accident :- 1) Multiple abrasion (L) knee. 2) Multiple abrasion (L) thigh. 3) Contusion (L) side chest. 4) Haematoma (L) Parietal region. 5) Central disc protrusion C4-C5 level indenting the cervical cord. 6) Small disc protrusion seen at C3-C4 and C5- MACA 821/2006 2 C6 levels indenting the anterior subarachanoid space. Ext.A9 showed that anterior cervical discectomy and fusion have been done at C4/5. 3. The accident happened on September 22, 2000 at about 1.30 p.m. at Palappuram near Ottapalam. While the claimant was standing on the side of the Ottapalam – Palakkad public road, he was knocked down by a bus bearing registration No.KLG 7619. He sustained serious injuries. Alleging negligence against the 2nd respondent, driver of the offending bus, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.6,50,000/- 4. Only the 3rd respondent the insurer of the offending bus contested the matter The 3rd respondent filed a written statement admitting the policy of the bus. Respondents 1 and 2, owner and driver of the offending bus, remained absent before the Tribunal. PWs.1 and 2 were examined and Exts.A1 to A26 were marked on the side MACA 821/2006 3 of the claimant. X1 was marked as Court Exhibit. Ext.B1 was marked on the side of the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence on the part of the 2nd respondent and awarded a compensation of Rs.1,66,300/-. with interest @ 9% p.a. from the date of petition till realization. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and learned 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 2nd respondent is not seriously 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.1,66,300/-. Break up of the compensation awarded is as MACA 821/2006 4 under:- Pain and suffering : Rs. 18,000 Medical bills : Rs. 32,500 Hospital expenses : Rs. 3,800 Loss of income due to disability : Rs. 82,000 Loss of earning : Rs. 12,000 Transportation : Rs. 4,000 Extra nourishment : Rs. 4,000 Loss of amenities : Rs. 10,000 ------------------ Total : Rs.1,66,300 ======= 8. The learned counsel for the appellant/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.2,100/-. As the claimant was aged 45 at the time of the accident, multiplier of 13 was taken by the Tribunal. The Tribunal took the percentage of disability as 25% as certified by PW2 doctor and awarded Rs.82,000/- towards disability caused. The claimant as PW1 testified before the Tribunal that he was a rubber tapper by profession earning Rs.125/- per day. Taking into consideration the above aspect, we feel that his monthly MACA 821/2006 5 income can reasonably be fixed at Rs.3,000/- which comes to Rs.36,000/- per annum. Percentage of disability assessed by the Tribunal as 25% and multiplier adopted as 13 are not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.1,17,000/- (Rs.36,000/- x 13 x 25%). Thus the claimant is entitled to an additional compensation of Rs.35,000/- on this count. 10. Rs.18,000/- was awarded by the Tribunal for pain and suffering endured by the claimant and Rs.10,000/- for loss of amenities and enjoyment in life, which appear to be very low. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.25,000/- for pain and suffering endured by the claimant and Rs.15,000/- for loss of amenities and enjoyment in life would be reasonable. 11. The Tribunal awarded a sum of Rs.12,000/- towards loss of income for six months at the rate of Rs.2,000/- per month. As we have fixed monthly income fo MACA 821/2006 6 the claimant as Rs.3,000/-, he is entitled to a compensation of Rs.18,000/- 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. 12. In the result, the claimant is found entitled to an additional compensation of Rs.53,000/- with interest @ 7.5 % per annum from the date of petition till realization. The 3rd respondent Insurance Company shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. 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. mn MACA 821/2006 7