IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 MACA.No. 1678 of 2005() ----------------------- OPMV.829/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): PETITIONER: ----------------------------------- SALIM, S/O. ABDUL KHADER, AGED 18 YEARS, KARIYANCHIRA, NECHULLY, KUZHALMADAM, PALAKKAD. BY ADV. SRI.JOHNSON P.JOHN SRI.RAJU SEBASTIAN VADAKKEKKARA SRI.BABY MATHEW RESPONDENT(S): --------------- 1. CHANDRAN, S/O. KANDAN, AGED 34 YEARS, PALAKKAD HOUSE, MUDAPPALLOOR, ALATHUR TALUK, PALAKKAD DISTRICT. (DRIVER OF T.N.37/F 6499 LORRY D.L.NO.977/82 POLLACHI, TAMILNADU). 2. C. PERUMAL, S/O. CHINNANNA GOUNTER AGED 32 YEARS, RAJU NAIDU STREET, GANAPATHY, KOYAMBATORE-6. (R.C.OWNER OF LORRY T.N.37/F 6499). 3. UNITED INDIA INSURANCE COMPANY LTD., KOYAMBATORE BRANCH, (POLICY NO.IZ 300-301- 170300/31/021/17432/1996. INSURER OF LORRY T.N.37/F 6499). ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q. BARKATH ALI, JJ. =-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-= M.A.C.A. No. 1678 of 2005 =-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-= Dated this the 16th day of March, 2010 JUDGMENT Barkath Ali, J: In this appeal under section 173 of the Motor Vehicles Act claimant in O.P.(MV) No.829 of 1998 of the Motor Accidents Claims Tribunal, Palakkad challenges the judgment and award of the Tribunal dated March 25, 2004 awarding a compensation of Rs.39,500/- for the loss caused to the claimant, on account of the injury sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these:- The claimant was aged 18 at the time of the accident. He was employed as a Cleaner and was earning Rs.2,000/- per month, according to him. On June 24, 1997 at about 1.30 p.m. the petitioner was travelling from Coimbatore to Ernakulam in a tanker lorry bearing registration No.TN-37 F 6499 as a Cleaner and when the lorry reached at Elamthuruthi, it capsized on the side of the road. As a MACA 1678/2005 2 result, the claimant sustained very serious injuries. According to the claimant, the accident occurred due to a rash and negligent driving of the lorry by the first respondent. The first respondent as the driver, second respondent as the owner and third respondent as the insurer of the lorry are jointly and severely liable to pay the compensation to the claimant. The claimant claimed a compensation of Rs.2 lakhs. 3. Respondents 1 and 2, driver and owner of the lorry respectively, remained absent and were set ex parte by the Tribunal. The third respondent Insurance Company field a written statement, admitting the policy. 4. The claimant was examined as PW1 and Exts. A1 to A10 were marked on the side of the claimant. No evidence was adduced by the contesting third respondent. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs.39,500/- with interest at the rate of 6% p.a. from the date of petition till realization and cost. The claimant has come up in appeal challenging the quantum of MACA 1678/2005 3 compensation awarded by the Tribunal, 5. Heard the learned counsel for the appellant and learned counsel for the third respondent, 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 first 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 claimant sustained the following injuries, as revealed from Ext.A5 wound certificate :- “1) Lacerated wound 5 x 0.5 cm. on the right knee with nerve injury. 2) Lacerated wound 3 x 0.5 cm. on right leg. 3) Lacerated wound 5 x 0.5 cm. on occipital area. 4) Lacerated wound 1 x 0.5 cm. on dorsum of right hand” MACA 1678/2005 4 Ext.A7 is the disability certificate issued from the Aswini Hospital, Thrissur, which shows that he has now the following disabilities:- “1) Present condition foot drop right. 2) Nerve has not been recovered. 3) Difficulty to walk due to foot drop. The doctor assessed the disability at 20%. The Tribunal assessed his monthly income as Rs.1,500/-, took disability at 6% and adopted a multiplier of 16. The Tribunal awarded a total compensation of Rs.39,500/-. The break up of the compensation awarded is as under:- Loss of earnings : Rs.6,000/- Transport to hospital : Rs.1,500/- Extra-nourishment : Rs.1,500/- Medical expenses : Rs.5,000/- Pain and suffering : Rs.8,000/- Compensation for permanent : Rs.17,500/- disability. ----------------- Total : Rs.39,500/- ======= 8. The learned counsel for the appellant has sought enhancement of compensation for disability caused, for loss of amenities and enjoyment in life and for pain and suffering MACA 1678/2005 5 endured. For awarding a compensation for disability caused, the Tribunal took monthly income of Rs.1,500/-, adopted multiplier of 16 and took disability caused as 6%. On going through Ext.A8 the certificate of disability, we feel that disability can be fixed at 10%. Monthly income as well as the multiplier adopted by the Tribunal is not seriously challenged. Thus, for the disability caused, the claimant is entitled to a compensation of Rs.28,800/-. Thus, on this count, the claimant is entitled to additional compensation of Rs.11,300/-. 9. For pain and suffering the Tribunal awarded a compensation of Rs.8,000/-, which, in our view, is very low. Taking into consideration the nature of the injury sustained, we feel that compensation of Rs.15,000/- would be reasonable on this count. Thus, on this count the claimant is entitled to additional compensation of Rs.7,000/-. 10. For the loss of amenities and enjoyment in life the Tribunal did not award any amount. Taking into consideration the nature of the injuries sustained and the MACA 1678/2005 6 period of treatment the claimant has undergone, we feel that a compensation of Rs.10,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find reasonable and adequate compensation was awarded and therefore, we are not disturbing the same. 11. Thus, the claimant is entitled to additional compensation of Rs.28,300/-. He is entitled to interest @ 9% per annum from the date of petition till realization with proportionate costs. The third respondent Insurance Company shall deposit the amount within two months from the date of receipt of a copy of this judgment before the Tribunal with notice to the claimant. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn