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 31ST AUGUST 2010 / 9TH BHADRA 1932 MACA.No. 212 of 2005() ---------------------- OPMV.392/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- SHOJI, S/O. SEBASTIAN, PADINJAREPEEDIKAYIL, SANKARAPALLY, KUDAYATHOOR P.O., THODUPUZHA. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S): RESPONDENTS: --------------------------- 1. M.N.NARENDRANATHAN, MUNDAMATTAM HOUSE, THODUPUZHA. 2. JOHN T.KURIAKOSE @ SHAJAN, S/O. KURIAKOSE, THEKKEKUNNEL, PUNNAMATTAM, KADAVOOR. 3. THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO. LTD., MUVATTUPUZHA. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 SRI.K.V.GOPINATHAN NAIR FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.212 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of August, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.392/2000 of Motor Accidents Claims Tribunal, Thodupuzha. He sustained the following injuries in a motor accident that occurred on January 15, 2000 : 1. Contusion over right side of chest. 2. Compression fracture of 12th vertebra 3. Comminuted sub trochantric fracture of the right femur. 2. The accident happened while the bus bearing Reg.No.KL 7 F 4212 in which he was travelling fell into the gutter on the side of the road. Alleging negligence against the driver of the bus, second respondent, the claimant filed the O.P. before the Tribunal claiming a compensation of Rs. 4 lakhs. 3. Respondents 1 and 2, the owner and the driver of the offending bus filed a joint written statement before the Tribunal contending that the accident happened due to the mechanical defect and that there was no negligence on the part of the second respondent. MACA.NO.212/2005 2 The third respondent, the insurer of the offending bus filed a written statement admitting the policy. 4. Exts.A1 to A7 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence of the second respondent and awarded a compensation of Rs. 1,07,895/- with interest @ 6% per annum from the date of petition till realisation and proportionate cost. 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 respondents. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence 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 break up of the compensation awarded is as under : MACA.NO.212/2005 3 Loss of earnings - Rs. 6,000/- Transportation to hospital - Rs. 250/- Damage to clothing - Rs. 250/- Extra nourishment - Rs. 750/- Medical bills - Rs.7045/- Pain and suffering & loss of amenities and enjoyment in life - Rs.12,000/- Permanent disability - Rs.81,600/- 8. Counsel for the claimant sought enhancement of the compensation for the disability caused, for pain and suffering endured and for loss of amenities and enjoyment in life. 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 17 and awarded Rs. 81,600/- for the disability caused. The claimant claimed to be a driver and agriculturist earning Rs. 6150/- per month. He produced his salary certificate Ext.A6. Taking into consideration the above aspect, we feel that his monthly income can be reasonably fixed at Rs.2500/-. The percentage of disability assessed by the Tribunal as 20% , though it was certified by the doctor in Ext.A7 as 40%, appears to be reasonable. The multiplier adopted by the Tribunal as 17 is not seriously challenged. Thus calculated for the disability MACA.NO.212/2005 4 caused, the claimant is entitled to a compensation of Rs. 1,02,000/-. Thus on this count, the claimant is entitled to an additional compensation of Rs. 20,400/-. 10. The Tribunal awarded Rs. 12,000/- for the pain and suffering endured and for loss of amenities and enjoyment in life. Taking into consideration the nature of the injury sustained, we feel that a compensation of Rs.20,000/- would be reasonable for the pain and suffering endured and Rs. 10,000/- for the loss of amenities and enjoyment in life. 11. There is another aspect in this case. The Tribunal awarded Rs.6,000/- for loss of earnings for three months @ Rs.2,000/- per month. As we have fixed the monthly income of the claimant as Rs.2,500/- per month, he is entitled to a compensation of Rs. 7,500/- towards loss of earnings. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum which appears to be very low. The MACA.NO.212/2005 5 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. In the result, the claimant is found entitled to an additional compensation of Rs. 39,900/-. 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 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.212/2005 6 MACA.NO.212/2005 7