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 15TH JULY 2010 / 24TH ASHADHA 1932 MACA.No. 112 of 2005() ---------------------- OPMV.1858/1999 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/PETITIONER ---------------------------------- MR.K.K.BABY, S/O.KURIAN, KOLLAMPARAMBIL HOUSE, MUHAMMA P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.P.VIJAYARAGHAVAN RESPONDENT(S): RESPONDENTS -------------------------- 1. MR.B.RAJENDRAN, POLAVELIL HOUSE, AVALOOKUNNU P.O., ALAPPUZHA. (DELETED AS PER ORDER DT.5.4.2010 IN I.A.358/2009.) 2. MR. SHABEER V.F., S/O.A.FASALUDEEN, VATTAPARAMBIL HOUSE, VARANAM P.O., THANNERMUKKOM, CHERTHALA. 3. UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS BRANCH MANAGER, NSS UNION BUILDINGS, CHERTHALA. ADV. SRI.S.MAMMU FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 112 of 2005 ------------------------------------------------------ Dated: JULY 15, 2010 JUDGMENT Barkath Ali, J. The appellant is the claimant in OP(MV) 1858/1999 on the file of the Motor Accidents Claims Tribunal, Alappuzha. In a motor accident which occurred on August 24, 1999 at about 12 noon at Puthenangadi junction on the Alappuzha - Thanneermukkam road the claimant sustained injuries. While the claimant was riding his motorcycle bearing Reg.No.KL-4/C/1535, another motorcycle bearing Reg.No.KRA-5584 driven by the 2nd respondent came at a high speed and dashed against the motor cycle of the claimant. Ext.A12 CT scan report and Ext.A14 certificate shows that the claimant has sustained the following injuries: “undisplaced fracture in the right temporal bone.” xx xx xx “abraded contusion of 10 cm x 9 cm size over the right parietal occipital region, abrasion of 2 x 1 cm over the right knee, abrasion of 3 x 2 cm size over the right shoulder and small abrasion over the left index finger”. Claiming compensation of Rs.2 lakhs, he has filed the OP under M.A.C.A. 112 of 2005 2 sec.66 of the Motor Vehicles Act before the Tribunal alleging negligence against the 2nd respondent. First respondent was the owner and the 3rd respondent was the insurer of the offending motorcycle. Only the 3rd respondent contested the matter before the Tribunal. The 3rd respondent admitted the policy. 2. The claimant was examined as PW.1 and Exts.A1 to A23 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting 3rd respondent. On an appreciation of evidence the Tribunal awarded a compensation of Rs.16,500/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.500/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 3. Heard the counsel for the claimant and the counsel for the Insurance Company. 4. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 2nd 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. 5. The Tribunal awarded a total compensation of Rs.16,500/-. M.A.C.A. 112 of 2005 3 The break up of the compensation awarded is as under:- pain and suffering - Rs.5000 loss of income for one month - 5000 medical expenses - 5000 transportation, damage to clothing etc.- 1500 6. The Counsel for the appellant/claimant sought enhancement of the compensation awarded for the disability caused, for loss of amenities and enjoyment of life and for the pain and suffering endured. The Tribunal did not award any compensation for the disability caused. Ext.A14 certificate of disability shows that the claimant has feature of post traumatic epilepsy for which he has to take drugs for atleast 10 years and that he has also post traumatic headache and post traumatic vertys. He has assessed the percentage of disability as 15%. Taking into consideration the above aspect, we feel that the claimant is entitled to compensation for the disability caused. 7. He was aged 39 at the time of the accident and according to the claimant he was a money lender and was doing ready made garment business earning Rs.13,000/- per month. Ext.A17 series are his income tax returns which show his annual income from Rs.47,000/-to Rs.69,000/-. Taking into consideration these aspects, M.A.C.A. 112 of 2005 4 the Tribunal has fixed his monthly income as Rs.5000/- which appears to be reasonable. As he was aged 39 at the time of the accident, the proper multiplier in this case is 16. Taking into consideration the disability caused to the claimant as seen from Ext.A14, we feel that his percentage of disability can be fixed at 10%. Thus calculated, for the disability caused the claimant is entitled to a compensation of Rs.96000/-. 8. The Tribunal awarded a compensation of Rs.5000/- for pain and suffering endured by the claimant, which appears to be very low. Having regard to the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.15,000/- would be reasonable on this count. 9. No compensation was awarded by the Tribunal for the loss of amenities and enjoyment of life. Taking into consideration the nature of the injuries sustained by the claimant, 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 we are not disturbing the same. 10. Thus the claimant is entitled to an additional compensation of Rs.1,16,000/-. The Tribunal awarded interest only at 6% per annum which appears to be very low. The claimant is entitled to M.A.C.A. 112 of 2005 5 interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and for the enhanced compensation and proportionate cost. The 3rd 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 mt/-