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 8TH MARCH 2011 / 17TH PHALGUNA 1932 MACA.No. 1276 of 2004() ----------------------- OPMV.1800/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/IST PETITIONER. --------------------------------------- LIJOICE C.JOSE, S/O.JOSE, R/A. CHAKUNGAL HOUSE, KYPOLS LANE, NELLIKUNNU, THRISSUR DISTRICT, (APPELLANT WHO WAS A MINOR IN THE COURT BELOW HAS NOW BECOME A MAJOR). BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SMT.G.GEETHISHA RESPONDENT(S): RESPONDENT. -------------------------- 1. THIMOTHY ADAMS, R/A. BETHETHA HOUSE, NELLIKUNNU, THRISSUR DISTRICT. 2. NAVEEN, S/O.SKARIA, R/A/KOLADI HOUSE, PERINGAVU, THRISSUR DISTRICT. 3. THE OREINTAL INSURANCE COMPANY LD., 2ND FLOOR, T.D.BUILDING POST BOX NO. 158, ROUND WEST, THRISSUR. ADV. SRI.P.BHASKARAN FOR R1 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1276 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1800/2003 on the file of Motor Accidents Claims Tribunal, Thrissur. In this appeal he challenges the judgment and award of the Tribunal dated September 19, 2003 awarding a compensation of Rs.2,26,600/- 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 April 24, 2000 at about 6.10 a.m.: 1. Lacerated wound 6 x 4 cm. on right lower jaw bleeding. 2. Lacerated wound 4 x 2 cm. on right forehead. 3. Lacerated wound 10 x 4 cm. on fronto-parietal area left. 4. Abrasion on left knee, right shoulder, dorsum of right hand. 5. Head injury. 2. The accident happened while the claimant was travelling in a jeep bearing Reg.No.KCE 6904 driven by the second respondent along Paliakkara-Mannuthy Bye-pass road. When he reached at Marathakkara, due to the negligence of the driver of the jeep, the vehicle dashed against a drum on the road and then a lorry parked on MACA.No.1276/04 2 the side of the road. 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. 7,29,750/-. 3. Respondents 1 and 2, the owner and the driver of the offending jeep remained absent before the Tribunal. The third respondent, the insurer of the offending jeep filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A13 were marked on the side of the claimant before the Tribunal. Ext.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 jeep by second respondent and awarded a compensation of Rs. 2,26,600/-/- with interest @ 6% per annum from the date of petition 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 counsel for the Insurance Company. MACA.No.1276/04 3 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.2,26,600/-. The break up of the compensation amount awarded is as under: Transportation - Rs. 1,500/- Extra nourishment - Rs. 2,000/- Damage to clothing - Rs. 300/- Treatment exp. - Rs. 73,000/- Future treatment exp. - Rs. 3,000/- Pain and suffering - Rs. 20,000/- Disability - Rs. 76,800/- Loss of amenities - Rs. 50,000/- 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 20% and adopted a multiplier of 16 and awarded Rs.76,800/- for the disability caused. The claimant was a student aged 15 studying in SSLC at the time of the accident. Taking into consideration the above aspect, we feel that the MACA.No.1276/04 4 monthly income of Rs.2,000/- taken by the Tribunal appears reasonable. As regards the percentage of disability, Ext.A9 certificate issued by the Eye Specialist shows that he has lost vision of his right eye and his visual disability is 40%. Ext.A9 certificate issued by the Neuro Surgeon shows that he has a permanent disability of 20%. Ext.A11 another certificate of disability issued by the Doctor shows that claimant has a permanent disability of 9% due to difficulty in chewing and cosmetic appearance. In Workmen Compensation Act, the percentage of disability for loss of vision of one eye is 40% as seen from Schedule I Part II. Therefore, we feel that th percentage of disability caused to the claimant can be fixed at 40%. The multiplier of 16 taken by the Tribunal is not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 1,53,600/- ( 40% x 2000 x 12 x 16). Thus on this count, the claimant is entitled to an additional compensation of Rs.76,800/-.As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 10. The Tribunal awarded interest only @ 6% per annum which appears to be very low. The claimant is entitled to interest @ 7.5% per MACA.No.1276/04 5 annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. 11. There is a delay of 275 days in filing the appeal. Therefore, the claimant will not be entitled to interest for the said period of delay. 12. In the result, the claimant is found entitled to an additional compensation of Rs. 76,800/-. 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 claimant will not be entitled to interest for the period of delay of 275 days in filing the appeal. 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.1276/04 6 MACA.No.1276/04 7