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 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 MACA.No. 2128 of 2008() ----------------------- OPMV.921/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT(S): PETITIONER ------------------------ ROY @ FRANCIS, S/O.VARKEY,AGED 38 YRS, PARACKAL HOUSE, KALLOORKADU VILLAGE, KALLOOR KARA, ERNAKULAM DIST, NOW RESIDING AT PARACKAL HOUSE, VENGALLOOR KARA, THODUPUZHA TALUK, IDUKKI DIST. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENT(S): RESPONDENTS & ADDL.RESPONDENTS 4 TO 6 ---------------------------------------------------- 1. LENIN, S/O.RAJU, KARUVELIPARAMBIL HOUSE, PACHALAM KARA, ERNAKULAM DIST. 2. MRS.BINCY JOSE, THERUVANKUNNEL HOUSE, NEAR ANGLO INDIAN SCHOOL, VADUTHALA, KOCHI, ERNAKULAM-682023. 3. NATIONAL INSURANCE CO.LTD,REPRESENTED BY ITS BRANCH MANAGER, N.I.L,KOCHI-P.O,IST FLOOR, AJAY VIHAR, M.G.ROAD, KOCHI-16. 4. SIJO, S/O.VARGHESE, MANJALY HOUSE, THOKKUPARA.P.O, DEVIKULAM, IDUKKI DIST. 5. S.D.PRASANNAN, PROPRIETOR, ANAND MANUFACTURING AND MARKETING ASSOCIATES, KOVILAKAM, THIRUVANANTHAPURAM. 6. UNITED INDIA INSURANCE CO.LTD, REPRESENTED BY ITS BRANCH MANAGER, THIRUVANANTHAPURAM. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 SRI.G.HARIHARAN FOR R1 & 2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2128 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.921/2003 on the file of Motor Accidents Claims Tribunal, Thodupuzha. In this appeal he challenges the judgment and award of the Tribunal dated November 26,2007 awarding a compensation of Rs.1,05,000/- 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 December 21, 2002 at about 4 p.m. : 1. Lacerated wound on knee. 2. Lacerated wound on right popliteal fossa. 3. Fracture shaft of right femur. 4. Fracture of upper 3rd of right tibia. 2. The accident happened while the claimant was travelling in the mini lorry bearing Reg.No.KL-01 P/9158 along Trichur-Kozhikode National Highway. When he reached at Korattikkarabhagom, the mini lorry collided head on with a bus bearing Reg.No.KL-7X/3015 driven by the first respondent. Alleging negligence against the first MACA.No.2128/2008 2 respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 3,14,500/-. 3. Respondents 1 to 3 are the driver, owner and insurer of the offending bus. Respondents 4 to 6 are the driver, owner and insurer of the mini lorry in which the claimant was travelling. Respondents 1 and 5 remained absent before the Tribunal. Respondents 2 and 4 filed written statements admitting the accident, but attributed negligence to the driver of the other vehicle. Respondents 3 and 6 filed written statements admitting the policy of the respective vehicles. 4. This O.P. was jointly tried along with the other O.Ps. filed by the other injured persons in the accident and a common award was passed by the Tribunal. PW1 was examined and Exts.A1 to A14 series 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 first respondent and awarded a compensation of Rs. 1,05,000/- with interest @ 8% per MACA.No.2128/2008 3 annum from the date of petition till realisation against respondents 1 to 3. 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. 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 Tribunal awarded a total compensation of Rs.1,05,000/-. The break up of the compensation amount awarded is as under: Loss of earning - Rs. 10,000/- Transportation - Rs. 3,000/- Extra nourishment - Rs. 2,000/- Bystander exp. - Rs. 4,000/- Treatment exp. - Rs. 46,000/- Pain and suffering - Rs. 25,000/- Loss of amenities - Rs. 15,000/- 8. Counsel for the claimant pointed out that no compensation MACA.No.2128/2008 4 was awarded by the Tribunal for the disability caused to the claimant. 9. The claimant was a pineapple merchant earning Rs.4,000/- per month, according to him. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 3,000/-. In the disability certificate issued from the Taluk Head Quarters Hospital, Thodupuzha, the disability of the claimant is assessed at 25%, a copy of which is made available for perusal by the counsel for claimant. Therefore, we feel that the percentage of disability caused to the claimant can be fixed at 10%. The proper multiplier that can be adopted in this case is 16 as the claimant was aged 37 years at the time of the accident. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 57,600/- ( 10% x 3000 x 12 x 16). 10. There is another aspect in this case. The Tribunal awarded Rs. 10,000/- towards loss of earnings for 5 months @ Rs. 2,000/- per month. As we have fixed the monthly income of the claimant as Rs. 3,000/-, he is entitled to a compensation of Rs. 15,000/- towards loss of earnings. Thus on this count, the claimant is entitled to an MACA.No.2128/2008 5 additional compensation of Rs. 5,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 62,600/-. He is entitled to interest @ 8% per annum from the date of petition till realisation 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.2128/2008 6