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 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 MACA.No. 522 of 2008() ---------------------------------- OPMV.581/2001 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER ------------------------------------ N. BINU, AGED 30 YEARS, SON OF RAVINDRAN, MENORI HOUSE (SREE SREYAS), P.O.ERANHIKKAL, KANDAMKULANGARA, KOZHIKODE DISTRICT. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS/RESPONDENTS ----------------------------------------------- 1. MOOSA HAJEE, SON OF AHAMMED HAJI, MEETHAL HOUSE, P.O.POYILOOR, THOOVAKUNNU, THALASSERY, KANNUR DISTRICT. 2. THE BRANCH MANAGER, NATIONAL INSURANCE CO.LTD., PARCO TOWER, P.B. NO.207, P.M. TAJ ROAD, KOZHIKODE - 673 001. R2 BY ADV. SRI.M.A.GEORGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No.522 OF 2008 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 29th day of November, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.581/2001 on the file of First Additional Motor Accidents Claims Tribunal, Kozhikode. In this appeal he challenges the judgment and award of the Tribunal dated July 4, 2007 awarding a compensation of Rs.2,18,650/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in the accident :- “Abrasion on the right side of face, right knee, right side of chest, fracture dislocation of right hip joint, compression fracture of T12 vertebra, fracture transverse process of L1 vertebra etc. “ 2. On September 6,2000 at about 9.30 a.m. the claimant was pillion riding on a motor cycle bearing Reg.No.KL-11/G-9199 ridden by his brother Rinju from his house to Calicut. When they reached at West Hill Chungam, a bus bearing Reg.No.KL-13/A-8719 came from the MACA 522/2008 2 opposite side in a rash and negligent manner hit on the motor cycle, as a result of which he sustained serious injuries. Alleging negligence against the driver of the bus, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 3,00,000/-. 3. First respondent, the owner of the offending bus , remained absent before the Tribunal. Second respondent, the insurer of the offending bus, filed a written statement admitting the policy. 4. Exts.A1 to A4 and Ext.C1 were marked on the side of the claimant before the Tribunal. No evidence was adduced on the side of the 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 its driver and awarded a compensation of Rs. 2,18,650/- with interest @ 6% per annum from the date of petition till realization and a cost of Rs.2,500/-. The claimant has now come up in appeal challenging the MACA 522/2008 3 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 driver of the bus 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. 2,18,650/-. The break up of the compensation awarded by the Tribunal is as under : Damage to clothing, Extra nourishment & Transport to hospital - Rs. 1,500/- Bystander expenses - Rs. 1,650/- Medicines - Rs.29,200/- Loss of amenities - Rs.30,000/- Pain and suffering - Rs.60,000/- Permanent disability - Rs.91,800/- Loss of earning - Rs. 4,500/- --------------- Total - Rs.2,18,650/- ======== MACA 522/2008 4 8. The learned counsel for the appellant/claimant sought enhancement of compensation for the disability caused. 9. The Tribunal took the monthly income of the claimant as Rs.1,500/-, took the percentage of disability as 30% as certified by the Medical Board in Ext.C1, adopted multiplier of 17 and awarded Rs.91,800/- towards disability caused. According to the claimant, he was working as a dye worker and was earning Rs.4,000/- per month. Taking into consideration the above aspect, we feel that his monthly income can reasonably be fixed at Rs.2,500/-. The percentage of disability as 30 and multiplier as 17 taken by the Tribunal are not seriously challenged. Thus for the disability caused, the claimant is entitled to a compensation of Rs.1,53,000/- (Rs.2,500/- x 12 x 17 x 30%). Thus, the claimant is entitled to an additional compensation of Rs.61,200/-. 10. The Tribunal awarded Rs.4,500/- towards loss of earnings for three months at the rate of Rs.1,500/- per MACA 522/2008 5 month. As we have fixed the monthly income of the claimant as Rs.2,500/-, he is entitled to a compensation of Rs.7,500/- on this count. 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.64,200/-. The Tribunal awarded interest only @ 6% per annum, which appears to be very low. The claimant is entitled to interest @ 7.5% from the date of petition till realization. The 2nd respondent, 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 MACA 522/2008 6