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 16TH MARCH 2010 / 25TH PHALGUNA 1931 MACA.No. 499 of 2004() ---------------------- OPMV.883/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- M.M. SHAMEER, AGED 30 YEARS, S/O.MUHAMMED ASHRAF, MANAKERI HOUSE, EDAVILANGU, KODUNGALLUR, THRISSUR DISTRICT. BY ADV. SRI.B.JAYASANKAR SRI.P.K.SAJEEV SRI.K.N.JOY RESPONDENT(S): --------------- 1. K.S. VINODKUMAR, S/O. SADANANDAN, KAITHAVALAPPIL HOUSE, PUTHENVELIKKARA, PUTHENVEILI P.O., ERNAKULAM DISTRICT. 2. THE ORIENTAL INSURANCE COMPANY, ALWAY BRANCH, ALWAYE. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q. BARKATH ALI, JJ. =-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-= M.A.C.A. No. 499 of 2004 =-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-= Dated this the 16th day of March, 2010 JUDGMENT Barkath Ali, J: In this appeal under section 173 of the Motor Vehicles Act claimant in O.P.(MV) No.883 of 1996 of the Motor Accidents Claims Tribunal, Irinjalakuda challenges the judgment of the Tribunal dated June 13, 2003 awarding a compensation of Rs.4,53,000/- for the loss caused to the claimant, on account of the injury sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these:- The claimant was aged 21 at the time of the accident and was studying in the Oxford Polytechnic for Automobile Engineering Course. On August 21, 1995 at about 5.30 a.m. the claimant was traveling as a pillion rider on a motor cycle bearing registration No.KL-7/K 1569 along the MACA 499/2004 2 Bangalore – Salem road. The motor cycle was driven by the first respondent. When they reached at Husur in Karnataka State, it collided head on with a lorry coming from the opposite direction. The claimant sustained serious injuries. According to him, the accident occurred due to a rash and negligent riding of the motor cycle by the first respondent. The first respondent as the owner-cum-rider and second respondent as the insurer of the vehicle are jointly and severely liable to pay the compensation to the claimant. The claimant claimed a compensation of Rs.7 lakhs. 3. The first respondent, owner-cum-rider of the motor cycle, entered appearance, but he did not file any written statement. The second respondent Insurance Company field a written statement, admitting the policy and further contending that there was no negligence on the part of the first respondent. 4. PWs.1 to 3 were examined and Exts. A1 to A13 were marked on the side of the claimant. On the side of the contesting respondent, a copy of the policy was marked as MACA 499/2004 3 Ext.B1. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs.4,53,000/- with interest at the rate of 9% p.a. from the date of petition till realization and proportionate cost. The claimant has now come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the appellant and learned counsel for the second respondent. 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. 6. The Tribunal awarded a total compensation of Rs.4,53,000/- The break up of the compensation awarded is as under:- Transportation : Rs.4,000/- Medical expenses : Rs.2,75,800/- Bystander expenses : Rs. 3,000/- MACA 499/2004 4 Loss of earning capacity : Rs.91,800/- Pain and suffering : Rs.25,000/- Loss of amenities in life : Rs.20,000/- Compensation for permanent : Rs.15,000/- disfiguration. Loss of marriage prospects : Rs.15,000/- Towards future medical : Rs.3,400/- expenses ----------------- Total Rs.4,53,000/- ======== 7. The learned counsel for the appellant has mainly sought enhancement of compensation for disability caused, pain and suffering endured and loss of amenities and enjoyment of life. 8. The claimant sustained the following injuries:- 1) Degloving lacerated crushed wound over left leg with vascular corresponise underlying knee and ankle joint dislocated. 2) Fracture right medical malleolus. 3) Abrasion over right elbow and wrist. 4) Lacerated wound right big toe. 5) Amputation of left lower limb. MACA 499/2004 5 The initial treatment was done in the Hosmat Hospital, Bangalore. While on treatment there his left lower limb was amputated above the knee. Ext.A8 is a disability certificate issued by the doctor who has assessed disability at 30%. PW3 Orthopaedic Surgeon has proved the disability certificate Ext.A8. 9. At the time of the accident the claimant was studying for First Year Diploma Course in Automobile Engineer at Oxford Polytechnic, Bangalore. Ext.A6 is the certificate issued from the College where he was studying. The Tribunal took his monthly income as Rs.1,500/-, adopted a multiplier of 17 and awarded Rs.91,800/- for disability caused. The claimant was studying in Automobile Engineering course. After completing his course, he would earn very good job. He was compelled to discontinue his studies. Taking into consideration the above facts, we feel that monthly income can be taken as Rs.2,500/-. The multiplier adopted as 17 and the disability assessed by PW3 are not seriously challenged. Thus, the claimant is entitled MACA 499/2004 6 to a compensation of Rs.1,53,000/- on this count. Therefore, the claimant is entitled to an additional compensation of Rs.61,200/- on this count. The multiplier adopted and the disability assessed by PW3 are not seriously disputed. 10. For the loss of amenities and enjoyment of life, the Tribunal awarded compensation of Rs.20,000/-, which appears to be very low. Taking into account the fact that his left lower limb was amputated, we feel that a compensation of Rs.50,000/- would be reasonable for the loss of amenities and enjoyment in life. Thus, the claimant is entitled to additional compensation of Rs.30,000/- on this count. For pain and suffering the Tribunal awarded a compensation of Rs.25,000/-, which, in our view, is very low. Having regard to the nature of the injuries sustained by him, we feel that a compensation of Rs.50,000/- would be reasonable on this count. Thus, on this count the claimant is entitled to additional compensation of Rs.25,000/-. Regarding the compensation awarded under other heads, we find the same to be reasonable and hence we are not disturbing the same. MACA 499/2004 7 11. Thus, the claimant is entitled to additional compensation of Rs.1,16,200/-. He is entitled to interest @ 9% from the date of petition till realization with proportionate costs. The second respondent insurer of the motor cycle shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. The order of the Tribunal is modified to the above extent. In the result, the appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn