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 9TH JUNE 2011 / 19TH JYAISHTA 1933 MACA.No. 764 of 2005() ---------------------- OPMV.124/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/APPLICANT ----------------------- RAVI @ RAJAGOPAL, KALA NIVAS, KUNNIL PUTHUVAL PUTHEN VEEDU, KESAVADASAPURAM, PATTOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS/RESPONDENTS --------------- 1. S.BALAMURALI, MADHAVI MANDIRAM, KORANI P.O., ATTINGAL, THIRUVANANTHAPURAM. 2. NOWSHAD, S/O.ABDUL RAHEMAN, NIZAR MANZIL, NEAR PUMP HOUSE, VEILOOR VILLAGE, THONNACKAL P.O., MANGALAPURAM, THIRUVANANTHAPURAM. 3. THE MANAGER, UNITED INDIA INSURANCE CO.LTD., ASHHAR COMPLEX, NEAR MUNICIPAL BUS STAND, ATTINGAL 695 101, THIRUVANANTHAPURAM. ADV. SRI.A.A.MOHAMMED NAZIR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.764 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of June, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.124/2000 on the file of Motor Accidents Claims Tribunal, Thiruvananthapuram. In this appeal he challenges the judgment and award of the Tribunal dated June 24, 2004 awarding a compensation of Rs.64,000/- 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 September 18, 1999 at about 7.30 p.m.: Lacerated wound on the occipital region of the scalp measuring 1 x 1 cm.. Lacerated wound on the forehead measuring 2 x 1 cm. and multiple small abrasions and lacerations. 2. The accident happened while the claimant was walking along Ulloor-Kesavadasapuram public road. When he reached near the Kesavadasapuram Mosque, he was knocked down by a motor cycle bearing Reg.No.KET 6764 ridden 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 MACA.No.764/2005 2 a compensation of Rs. 3,00,000/-. 3. Respondents 1 and 2, the owner and the rider of the offending motor cycle remained absent before the Tribunal. The third respondent, the insurer of the offending motor cycle filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A12 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent riding of the offending motor cycle by second respondent and awarded a compensation of Rs.64,000/- with interest @ 9% 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. 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 MACA.No.764/2005 3 question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.64,000/-. The break up of the compensation amount awarded is as under: Loss of earning - Rs.3,000/- Medical expenses - Rs.3,000/- Transportation - Rs.1,000/- Extra nourishment - Rs.1,000/- Damage to clothing - Rs. 250/- Bystander expenses - Rs.1,000/- Pain and suffering - Rs.15,000/- Disability - Rs.29,700/- Loss of amenities - Rs.10,000/- 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.1,500/- and took the percentage of disability as 15% and adopted a multiplier of 11 and awarded Rs. 29,700/- for the disability caused. The claimant was aged 45 and used to earn Rs.6,000/- per month as a Welder, 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/-. 10. As regards the percentage of disability, PW1, the doctor has MACA.No.764/2005 4 certified in Ext.A10 that he has 23% disability as he has now the following disabilities : Moderate periodic attacks of ataxia 5% Slight weakness of left side ( residual paraplegia) 5% Impairment in social adaptation 5% Bell ringing sensation in ear ( tinnitus) 5% Memory loss 3% 11. Taking into consideration the nature of the disabilities caused to the claimant, we feel that the percentage of disability as 15% taken by the Tribunal appears reasonable. As the claimant was aged 45 at the time of the accident, the proper multiplier that has to be adopted in this case is 12. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.64,800/- ( 15% x 3000 x 12 x 12). Thus on this count, the claimant is entitled to an additional compensation of Rs.35,100/-. 12. The Tribunal awarded Rs.10,000/- for loss of amenities and enjoyment in life and Rs. 15,000/- for pain and suffering endured. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 20,000/- for loss of amenities and enjoyment in life and Rs.25,000/- for pain and suffering endured would be reasonable. MACA.No.764/2005 5 13. The Tribunal awarded Rs. 3,000/- towards loss of earnings for two months @ Rs. 1,500/- per month. The nature of the injury sustained by the claimant shows that he must have been disabled for six months for which he is entitled to a compensation of Rs. 18,000/- @ Rs.3,000/- per month. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 14. In the result, the claimant is found entitled to an additional compensation of Rs.70,100/-. He is entitled to interest @ 9% 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.764/2005 6 MACA.No.764/2005 7