IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 MACA.No. 803 of 2004() ---------------------- OPMV.532/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA WAYANAD .................... APPELLANT(S): APPELLANT/PETIIONER --------------------------------- V.C.RADHAKRISHNAN, S/O.CHELLAPPAN, VADAKKEPPURA HOUSE, CHEERAL P.O., CHEERAL VILLAGE, S.BATHERY TALUK, WAYANAD DISTRICT. BY ADV. SRI.T.KURIAKOSE PETER SRI.ABRAHAM P.GEORGE RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------ 1. M.P.PHILIPPOSE, S/O.PATHROSE, MOLATH HOUSE, THIRUNELLI, MOOLANKAVU P.O., S.BATHERY TALUK, WAYANAD DISTRICT. 2. K.MOHAMMED HAJEE, S/O.HASSAN HAJEE, GREEN GINGER TRADERS, GUDALLUR P.O., THE NILGIRIS. 3. BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, S.BATHERY. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.803 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.532/2001 on the file of Motor Accidents Claims Tribunal, Wayanad, Kalpetta. He sustained compound comminuted fracture distal radius right, dislocation of left wrist in a motor accident that occurred on August 4, 2001 at about 4 p.m. He was aged 36 at the time of the accident and as a lorry cleaner, he used to earn Rs. 5,000/- per month, according to the claimant. 2. The accident happened when the claimant was attempting to get into the lorry bearing Reg.No.TN-43-Z/0966, the driver of the lorry took the vehicle forward as a result of which, he fell down and sustained the injuries. 3. Alleging negligence against the first respondent, the driver of the lorry, he filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 3,00,000/-. 4. Respondents 1 and 2, the driver and owner of the offending MACA.No.803/2004 2 lorry remained absent before the Tribunal. The third respondent, the insurer of the offending lorry filed a written statement admitting the policy. The claimant was examined as PW1 and Exts.A1 to A9 were marked. No evidence was adduced by the contesting third respondent. On an appreciation of evidence, the Tribunal awarded a compensation of Rs. 49,750/- with interest @ 9% 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 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 break up of the compensation awarded by the Tribunal is as under : MACA.No.803/2004 3 Loss of income - Rs. 7,500/- Transportation - Rs.5,900/- Extra nourishment - Rs. 500/- Damage to clothing - Rs. 250/- Treatment expenses - Rs.12,600/- Pain and suffering - Rs. 8,000/- Disability - Rs.15,000/- 8. Counsel for the claimant sought enhancement of 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. 2,500/- and awarded a lump sum amount of Rs. 15,000/- for the disability caused. No document is produced by the claimant to prove his income. Therefore, the Tribunal is perfectly justified in taking his monthly income as Rs. 2500/-. As regards the percentage of disability, Ext.A4, certificate of disability, shows that he has suffered a permanent disability of 20%. In the light of the disability noted in Ext.A4, we feel that his percentage of disability can be reasonably fixed at 10%. As the claimant was aged 36 , a multiplier of 16 would be reasonable in this case. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 48,000/- ( 10% x 2500 x 12 x 16) . Thus on MACA.No.803/2004 4 this count, the claimant is entitled to an additional compensation of Rs. 33,000/-. 10. The Tribunal awarded Rs.8,000/- for the pain and suffering endured by the claimant, which appears to be very low. Taking into consideration the nature of the injury sustained, we feel that a compensation of Rs. 15,000/- would be reasonable on this count. Thus on this count, the claimant is entitled to an additional compensation of Rs. 7,000/-. 11. No compensation is seen awarded by the Tribunal for loss of amenities and enjoyment in life. Having regard to the nature of the injury sustained, we feel that a compensation of Rs. 10,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 12. In the result, the claimant is found entitled to an additional compensation of Rs. 50,000/-. 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 MACA.No.803/2004 5 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.803/2004 6