IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 MACA.No. 844 of 2004() ---------------------------------- OPMV.1391/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): /PETITIONER ------------------------------------------ A.P.SAIDALAVI, S/O.NANIKUTTY, MUMTHAS MAHAL, KANNAMPARA, P.O.MELMURI. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. ELEKKULATH MOIDEEN, S/O.NANI, VALLUMBRAM. 2. C.MOIDEEN, S/O.ALAVI, ELEKKULATH HOUSE, P.O.VALLUMBRAM. 3. ORIENTAL INSURANCE COMPANY, CALICUT. R3 BY ADV. SRI.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 844 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 28th day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.1391/1997 on the file of the Motor Accidents Claims Tribunal, Manjeri. In this appeal he challenges the judgment and award of the Tribunal dated July 24, 2002 awarding a compensation of Rs. 53,100/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on February 3, 1997 at about 1.45 p.m. While the claimant was riding a motor cycle bearing registration No.KL-10/B 2904 towards Karathodi, a jeep bearing registration No.KL-11/C 6880, driven by the first respondent, came at a high speed from the opposite side and dashed against the motor cycle of the claimant. He sustained serious injuries. Alleging negligence against the first respondent, the claimant MACA 844/2004 2 filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.1,50,000/-. 3. Respondents 1 and 2, the driver and the owner of the offending jeep, remained absent and they were set ex parte by the Tribunal. The third respondent, the insurer of the offending jeep, filed a written statement admitting the policy of the vehicle. Exts.A1 to A7 and Ext.X1 were marked on the side of the claimant. No evidence was adduced by the contesting third respondent. On an appreciation of the evidence, the Tribunal found that the accident occurred due to the negligence of the first respondent and awarded a compensation of Rs.53,100/- with interest @ 9% p.a. from the date of petition till realization and cost of Rs.1,000/-. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the claimant and the counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the first respondent is not seriously challenged in this appeal. Therefore, MACA 844/2004 3 the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 6. The claimant sustained the following injuries in the accident:- “1) Lacerated wound 5 x 2 cm. right leg. 2) Lacerated wound 1 x 1 x 1 cm. over the right eye brow. 3) Lacerated wound over the left side of finger. 4) Lacerated wound 3 x 1 x 1 cm. left middle finger. 5) Lacerated wound 1 x 1 x 1cm. Left ring finger. 6) Lacerated wound 1 x 1 x 1 cm. left little finger. 7) Fracture of lower end of left radius.” 7. The Tribunal awarded a total compensation of Rs.53,100/-. Break up of the compensation awarded is as under:- “Loss of earnings : Rs. 7,500 Transport to hospital : Rs. 500 Extra nourishment : Rs. 1,000 Damage to clothing : Rs. 500 Treatment and : Rs. 13,000 Pain and suffering : Rs. 15,000 Disability : Rs. 15,600 ------------------ Total : Rs. 53,100 =======” 8. The counsel for the claimant sought enhancement of MACA 844/2004 4 compensation for the disability caused, for pain and suffering endured and on other heads. 9. The Tribunal took the monthly income of the claimant as Rs.2,500/-, took the percentage of disability as 4% as certified by the Medical Board and adopted a multiplier of 13 and awarded Rs.15,600/- for the disability caused. The claimant was a businessman and was aged 47 at the time of the accident earning Rs.5,000/- per month, according to him. Taking into consideration the nature of the injuries sustained by the claimant and the fact that the disability caused to the claimant, as stated in Ext.X1 by Medical Board, and that he was aged only 47 at the time of the accident, we feel that an additional compensation of Rs.15,000/- would be reasonable for the disability caused. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 10. In the result, the claimant is found entitled to an additional compensation of Rs.15,000/- with interest @ 7.5% per annum from the date of petition till realization and proportionate cost. The third respondent being the insurer of the offending MACA 844/2004 5 jeep 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 844/2004 6 A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 844 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= JUDGMENT 28th day of March, 2011