IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 MACA.No. 650 of 2005() ---------------------- OPMV.1958/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- SREEDEVI, W/O.T.V.EASWARAN NAMBOODIRI, THAZHATHEVATTAPARAMBU, HOUSE NO.28/400, SASTHA NAGAR, THIRUVAMBADI, THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS -------------------------- 1. K.S.R.T.C., REP. BY THE GENERAL MANAGER, KSRTC, THIRUVANANTHAPURAM. 2. FRANCIS, S/O.PYLOTH, CHITTILAPPILLY HOUSE, PAMBOOR DESOM, THRISSUR DISTRICT. ADV. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC FOR R1 SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.650 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1958/1999 on the file of Motor Accidents Claims Tribunal, Thrissur. In this appeal, she challenges the judgment and award of the Tribunal dated January 14, 2005 awarding a compensation of Rs.48,200/- for the loss caused to her on account of the injuries sustained by her in a motor accident. She sustained the following injuries in that accident that occurred on July 8, 1998 at about 3.30 .p.m. : Head injury with fracture occipital bone, fracture maxilla, fracture mandible, fracture zygoma, fracture orbital wall, fracture maxillary antrum with haemosinus, comminuted fracture clavicle, fracture elbow, all teeth became mobile and extracted later, multiple bodily injuries. 2. The accident happened while the claimant was travelling in a car bearing Reg.No.KL 8/1865 along Thrissur-Ernakulam NH road. When she reached at Koratty, the car dashed against a KSRTC bus MACA.No.650/2005 2 bearing Reg.No.KL 15/1610 driven by the second respondent. 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. 5,95,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending KSRTC bus filed a written statement admitting the accident, but attributed negligence to the driver of the car. 4. This O.P. was jointly tried along with the another O.P filed by the claimant and her husband as the legal heirs of the driver of the car who died in the accident and the O.P. filed by her injured husband and a common award was passed by the Tribunal Pws 1 and 2 were examined and Exts.A1 to A21 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending bus by second respondent and awarded a compensation of Rs. 48,200/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs. 5,600/-. The claimant has now come up MACA.No.650/2005 3 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. 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.48,200/-. The break up of the compensation amount awarded is as under: Loss of earnings - Rs. 10,000/- Medical expenses - Rs. 3,000/- Transport to hospital & Bystander expenses - Rs. 12,000/- Pain and suffering - Rs. 10,000/- Disability - Rs. 13,200/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused and for the pain and suffering endured. He pointed out that no compensation was awarded by the Tribunal for loss of amenities and enjoyment in life. MACA.No.650/2005 4 9. The Tribunal took the annual income of the claimant as Rs.24,000/- and took the percentage of disability as 5% and adopted a multiplier of 11 as she was aged 53 at the time of the accident and awarded Rs. 13,200/- for the disability caused. The claimant was employed as Selection Grade Lecturer in Physics in Kerala Varma College, Thrissur and she was drawing a salary of Rs. 14,308/- at the time of the accident. Ext.A19 is her salary certificate showing her monthly salary as Rs.14,308/-. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 4,500/-. In Ext.A17 certificate of disability, the doctor has assessed her disability at 15%. Taking into consideration the nature of the disabilities caused to the claimant, we feel that the percentage of disability can be fixed at 10%. The multiplier of 11 taken by the Tribunal is not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 59,400/- ( 10% x 4500 x 12 x 11). Thus on this count, the claimant is entitled to an additional compensation of Rs.46,200/-. 10. No amount is seen awarded for loss of amenities and MACA.No.650/2005 5 enjoyment in life. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. 11. The Tribunal awarded Rs.10,000/- for pain and suffering endured by the claimant. Having regard to the injuries sustained by the claimant, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 12. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum which appears to be very low. The claimant 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. 13. In the result, the claimant is found entitled to an additional compensation of Rs. 76,200/-. She 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 MACA.No.650/2005 6 proportionate cost. The first respondent, Managing Director, KSRTC being the owner 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.650/2005 7