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 7TH JUNE 2011 / 17TH JYAISHTA 1933 MACA.No. 342 of 2011() ---------------------------------- OP(MV)NO. .389/2009 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): PETITIONER ------------------------------------------ RIYAS.K,21 YEARS,S/O.ABDUL MAJEED.K, KALODY HOUSE,WAGADAMADU, CHERUSHOLA.P.O, MALAPPURAM. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. MOHAMMED.M.C,S/O.MAMMAD MUSALIYAR, MUSALIYARAKATH HOUSE,KOODARNHI,KOZHIKODE, PIN-673 604. 2. SADANANDAN.K,40 YEARS,S/O.KARTHIAYANI, KURUMKANDATHIL HOUSE,MUKKOM.P.O,KOZHIKODE, PIN-673 602. 3. M/S.UNITED INDIA INSURANCE COMPANY LTD, BRANCH,OFFICE, VELIMANNA BUILDINGS,MAIN ROAD, THAMARASSERY,PIN-673 573. R1 & R2 BY ADV. SRI.K.A.SALIL NARAYANAN R3 BY ADV. SMT.RAJI T.BHASKAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 342 of 2011 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 7th day of June, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No. 389/2009 on the file of the Motor Accidents Claims Tribunal, Tirur. In this appeal he challenges the judgment and award of the Tribunal dated November 6, 2010 awarding a compensation of ` 8,55,560/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on January 23, 2009 at about 1.15 p.m. at West Mampatta in Thazhekode. While the claimant was riding a motor cycle bearing registration No. KL- 56/A 4526, he was knocked down by a Tipper lorry bearing registration No.KL-57 5650. He sustained serious injuries. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of ` 16,11,000/-. 3. Respondents 1 and 2, the owner and driver of the MACA 342/2011 2 offending Tipper lorry, filed a joint written statement admitting the accident but denied the negligence of the second respondent. The third respondent, the insurer of the offending Tipper lorry, filed a written statement admitting the policy but attributed negligence to the claimant. Exts.A1 to A34 were marked on the side of the claimant. Ext.B1 was marked on the side of the respondents. Ext.C1 was marked as court exhibit. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the second respondent and awarded a compensation of ` 8,55,560/- with interest @ 7.5% p.a. from the date of petition till realization and a cost of ` 10,000/-. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the claimant and the counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the second respondent is not seriously challenged in this MACA 342/2011 3 appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 6. The claimant sustained the following injuries in the accident:- 1) Crush injury right knee with vascular injury. 2) Fracture right femur. 3) Compound fracture right tibia. 7. The Tribunal awarded a total compensation of ` 8,55,560/-. Break up of the compensation awarded is as under:- Medical and miscellaneous : ` 6,14,653 expenses. Bystander's expenses : ` 14,700 Transportation expenses : ` 15,000 Extra nourishment : ` 10,000 Damage to clothing : ` 1,000 Pain and suffering : ` 30,000 Loss of amenities and : ` 50,000 enjoyment in life. Permanent disability : ` 70,200 Disfiguration : ` 50,000 ------------------ Total : `8,55,553/- Rounded : ` 8,55,560/- ======= 8. The counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. MACA 342/2011 4 9. The Tribunal took the annual income of the claimant as ` 15,000/-, took the percentage of disability as 26 %, as certified by the Medical Board in Ext.C1, adopted a multiplier of 18 and awarded a compensation of ` 70,200/- for the disability caused. The claimant was Second Year B.Tech student of K.M.C.T. College of Engineering, Mukkam, Kozhikode and was aged 21 at the time of the accident. Therefore, we feel that his monthly income can reasonably be fixed at ` 2,000/-, which comes to ` 24,000/- per annum Percentage of disability certified by the Medical Board in Ext.C1 and the multiplier adopted by the Tribunal appear to be reasonable. Therefore, for the disability caused the claimant is entitled to a compensation of Rs.1,12,320/- (` 24,000/- x 18 x 26%). Thus the claimant is entitled to an additional compensation of ` 42,120/- on this count. 10. The Tribunal awarded ` 30,000/- for pain and suffering endured by the claimant. Taking into consideration the nature of the injuries sustained, we feel that an additional compensation of ` 20,000/- would be reasonable on this count. MACA 342/2011 5 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 ` 62,120/- with interest @ 7.5% per annum from the date of petition till realization. The third respondent being the insurer of the offending vehicle shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. 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. mn