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 8TH FEBRUARY 2010 / 19TH MAGHA 1931 MACA.No. 935 of 2008() ---------------------- OPMV.1208/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER ---------------------------------- JOHN SACARIAS, S/O. SACARIAS, 34 YEARS, CHERUNILAM HOUSE, VELLAM AMSOM, POST OTTATHAI, VIA ALAKODE, KANNUR. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): RESPONDENTS --------------- 1. VIJI @ JIJI, UPPOOTHIL HOUSE, POST ALAKODE. 2. M/S UNITED INDIA ASSURANCE CO LTD., BRANCH OFFICE, PAYYANNUR, KANNUR. ADV. SRI.P.JACOB MATHEW FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A.935 of 2008 ------------------------------------------------------ Dated: FEBRUARY 8, 2010 JUDGMENT Barkath, Ali, J. The challenge in this appeal under sec.173 of the Motor Vehicles Act is to the judgment and award of the Motor Accidents Claims Tribunal, Thalassery in OP(MV) 1208/2001 dated December 15, 2007 awarding a compensation of Rs.1,60,000/- for the loss caused to him in respect of the injury sustained in a motor accident. 2. The facts in brief are these: The appellant/claimant is an agriculturist and earning Rs.4000/- per month. On January 2, 2001 at about11.15 a.m. while he was riding his motorcycle bearing registration No.KL.13E 2778 and reached near Chimminichootta, a jeep bearing registration No. KL-5/4447 driven by the 1st respondent came at a high speed and dashed against him. The claimant sustained fracture of both bones of his right leg and extensive contusion on his right forehead. He was aged about 34 years at the time of the accident. He claimed a compensation of Rs.3,15,000/-. 3. The 1st respondent, driver-cum-owner of the offending jeep, remained absent and was set ex parte before the Tribunal. The 2nd respondent, insurer of the offending vehicle, filed a written statement admitting the policy and would further contend that the accident M.A.C.A.935 of 2008 2 occurred due to the negligence on the part of the claimant. 4. The claimant was examined as PW.1 and Exts.A1 to A9 series and Ext.X1 were marked on the side of the appellant/claimant before the Tribunal. No evidence was adduced by the contesting 2nd respondent. 5. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending vehicle by the 1st respondent and granted a compensation of Rs.1,60,000/-. Dissatisfied by the same, the claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 1st respondent is also not challenged in this appeal. Therefore the only point which arises for consideration is whether the appellant/claimant is entitled to any enhancement of compensation. 7. The appellant sustained abrasion over the right forehead and fracture of both bones of right leg. He was treated as an inpatient from 2.1.2001 to 12.1.2001. He was again treated as an inpatient from 14.2.2001 to 22.2.2001. Ext.A2 is the copy of the wound certificate issued from the Unity Health Complex, Mangalore. Exts.A3 and A6 are discharge summaries issued from the hospital. For M.A.C.A.935 of 2008 3 removal of implants he was treated from September 2, 2002 to September 6, 2002. Ext.X1 is the disability certificate issued by the Medical Board attached to the Pariyaram Medical College Hospital assessing his whole body disability at 5%. 8. The trial court awarded compensation as follows: Medical expenses - Rs.1,14,989/- Transportation - 3,000 Bystander's expense - 3,300 Loss of earning - 9,000 Pain and suffering - 15,000 Loss due to disability - 14,400 ------------------ Total 1,59,689 ----------------- Rounded to Rs.1,60,000/- ========== The Tribunal has taken the monthly income of the claimant as Rs.1500/- and adopted a multiplier of 16 and awarded Rs.14,400/- towards the 5% disability caused. As the claimant was an agriculturist, we feel that his monthly income can be reasonably assessed at Rs.2500/-. Thus calculated, for the 5% disability caused he is entitled to a compensation of Rs.24,000/-. Thus on this count he is entitled to an additional compensation of Rs.9600/-. The Tribunal did not award any amount for loss of amenities/enjoyment of life. M.A.C.A.935 of 2008 4 Taking into consideration the nature of the injuries sustained, we feel that a compensation of Rs.10,000/- can be granted on this count. Towards extra nourishment, we are of the view that a compensation of Rs.5000/- would be reasonable. As we have fixed the monthly income of the claimant as Rs.2500/-, towards loss of earnings for six months, he will be entitled to a compensation of Rs.15,000/-. Thus on this count he will be entitled to a further compensation of Rs.6000/-. Thus, the appellant will be entitled to an additional compensation of Rs.30,600/- In all other aspects, we are confirming the findings of the Tribunal. In the result, the appellant/claimant is entitled to an additional compensation of Rs.30,600/-. He is entitled to interest at the rate of 7.5% per annum from the date of petition till realisation. The 2nd respondent shall deposit the amount within one month from this date with proportionate costs and interest. The appeal is disposed of as above. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-