IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 MACA.No. 2225 of 2007() ---------------------------------- OP.1726/1998 of MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): SUPPLEMENTAL PETITIONERS 2 AND 3: ---------------------------------------------------------------------------------- 1. PANDYAMMAL, W/O.LATE MR.PAKYAMANI, 36 THANKALLACHERI, THIRUMANGALAM TALUK, MADURAI DISTRICT, THAMILNADU. 2. PERIA KARUPPI, S/O. LATE MR.PAKYAMANI, THANKALLACHERI, THIRUMANGALAM TALUK, MADURAI DISTRICT, THAMILNADU. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): RESPONDENTS: --------------------------------------------------- 1. JOHNSON.T.JOHAN, S/O.JOHN, THANAMMAKKAL POST, ATHIYODI P.O., KOORACHUNDU, KOZHIKODE. 2. THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO. LTD, IG ROAD BRANCH, SILVER PLAZA BUILDINGS, KOZHIKODE. R2 BY ADV. SRI.PMM.NAJEEB KHAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 2225 of 2007 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 10th day of December, 2010 JUDGMENT Barkath Ali, J. Appellants are the claimants 2 and 3 in O.P.(MV) No.1726/1998 on the file of the Motor Accidents Claims Tribunal, Kozhikode. In this appeal they challenge the judgment and award of the Tribunal dated January 6, 2007 awarding a compensation of Rs.47,840/- for the loss caused to them on account of the injuries sustained by the deceased 1st claimant in a motor accident. 2. The deceased 1st claimant sustained fracture of shaft of femur right in the accident. The accident happened on April 28, 1998 while the 1st claimant was travelling in the cabin of a mini lorry bearing registration No.KL-11-A- 8728 with a load of soil it overturned due to the negligence of the driver of the mini lorry, the 1st respondent. Alleging negligence against the driver of the mini lorry, the 1st claimant filed the O.P. before the Tribunal under section MACA 2225/2007 2 166 of the Motor Vehicles Act claiming a compensation of Rs.1,00,000/-. 3. During the pendency of the O.P. the 1st claimant died and Addl. Claimants 2 and 3, who are the wife and son of the 1st claimant, were impleaded as his legal heirs and the claim has been enhanced to Rs.2 lakhs. 4. The 1st respondent the driver of the offending mini lorry remained absent before the Tribunal. The 2nd respondent the insurer filed a written statement admitting the policy and contended that the accident was also due to the negligence of the 1st claimant. 5. Exts.A1 to A3 were marked on the side of the claimants. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the driver of the mini lorry and awarded a compensation of Rs.47,840/- with interest @ 6% p.a. from the date of petition till realization. The claimants have come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA 2225/2007 3 6. Heard the learned counsel for the claimants and learned counsel for the Insurance Company. 7. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the driver of the offending mini lorry 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. 8. The Tribunal awarded a total compensation of Rs.47,840/-. Break up of the compensation awarded is as under:- Medical treatment and : Rs. 8,000 hospitalization. Loss of income : Rs. 4,500 Pain and suffering : Rs.18,000 Transportation : Rs. 1,500 Disability : Rs.15,840 ------------------ Total : Rs.47,840 ======= 9. The learned counsel for the appellant/claimant sought enhancement of compensation for the disability caused and on other heads. MACA 2225/2007 4 10. The Tribunal took the percentage of the disability of the 1st claimant as 8%, took his annual income as Rs.18,000/-, adopted multiplier of 11 and awarded Rs.15,840/- towards disability caused. Taking into consideration the nature of the disabilities caused to the 1st claimant and the fact that he has sustained fracture of shaft of femur and was a manual labourer, we feel that an additional compensation of Rs.20,000/- would be reasonable for the disability caused. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. Regarding the apportionment of the compensation amount and disbursement of the same, the direction of the Tribunal will stand. 11. In the result, the claimant is found entitled to an additional compensation of Rs.20,000/-. The Tribunal awarded interest only @ 6% per annum, which appears to be very low. The claimants are entitled to interest @ 7.5% per annum from the date of petition till realization for the MACA 2225/2007 5 compensation already awarded by the Tribunal and also for the enhanced compensation. The 2nd respondent shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimants. 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