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 26TH JULY 2010 / 4TH SRAVANA 1932 MACA.No. 1232 of 2008() ------------------------------------ OPMV.1761/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/CLAIMANT ----------------------------------- C.K. BINDUMOL, D/O.KRISHNANKUTTY CHERIYIL VEEDU, AMBALLOOR PANCHAYATH WARD 12 KANAYANNUR TALUK, ERNAKULAM. BY ADV. SRI.M.R.NANDAKUMAR RESPONDENTS/RESPONDENTS: ------------------------------------------------ 1. THE PARTNER RUPESH, PARTNER, 40/2543 RETHNAM BUILDINGS, BROADWAY, KOCHI. 2. AJITH G.SHENOY, S/O.GOPAL SHENOY DAMODHARA NIVAS, C.H.58/8894, COCHIN CORPORATION DIVISION NO.40, ERNAKULAM DISTRICT 3. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD, NAVANEETA BUILDING, OPP. RAILWAY STATION KUNDARA- 691 501. R2 BY ADV. SRI.SIBY MATHEW, SRI.PHILIP J.VETTICKATTU. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1232 of 2008 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 26th day of July, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.1761 of 2002 on the file of the Motor Accidents Claims Tribunal, Alappuzha. She is a lady, aged 33 at the time of the accident. She sustained the following injuries in a motor accident that occurred on May 11, 2002 at about 11 a.m. at Kuthiyathodu on Ernakulam - Alappuzha National Highway:- “1) A bone deep lacerated wound of 4 x 1 cm. Size occipital region of scalp. 2) A contusion of 4 x 3 cm. Size over the right nostoid region. 3) Pain, swelling and tenderness upper 3rd of right leg. 4) Pain and tenderness over the right leg and fracture pelvic right side.” 2. The accident happened while she was walking along the side of the road, she was knocked down by a car bearing registration No.KL-7/N - 8282, driven by the second MACA 1232/2008 2 respondent. Alleging negligence against the second respondent, she filed the O.P. under section 166 of the Motor Vehicles Act, claiming a compensation of Rs.1,25,000/-. Respondents 1 to 3, the owner, driver and insurer of the offending car remained absent before the Tribunal. Exts. A1 to A8 (series) were marked on the side of the claimant. On an appreciation of the evidence, the Tribunal awarded a compensation of Rs.67,000/- with interest at 7.5 % per annum from the date of petition till realization and cost. The claimant has come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 3. Heard learned counsel for the claimant and learned 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 second respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any MACA 1232/2008 3 enhanced compensation. 5. The Tribunal awarded a total compensation of Rs.67,000/-. Break up of the compensation awarded is as under:- Loss of earning : Rs. 7,500/- Cost of medicine and : Rs. 15,500/- treatment charges. Transportation charges : Rs. 2,000/- By-stander’s expenses : Rs. 2,500/- Extra nourishment : Rs. 750/- Damage to clothing : Rs. 250/- Pain and suffering : Rs. 12,000/- Loss of amenities : Rs. 2,000/- Permanent disability : Rs. 24,500/- and loss of earning power. ------------------ Total : Rs.67,000/- ======= 6. The learned counsel for the appellant sought enhancement of compensation for disability caused, for loss of amenities and enjoyment in life and for pain and suffering endured by the claimant. 7. The Tribunal took monthly income of the claimant as Rs.1,500/-, took percentage of disability as 8%, adopted multiplier of 17 and awarded a compensation of Rs.24,500/- MACA 1232/2008 4 for the disability caused. The claimant was aged 33 at the time of the accident and used to earn Rs.5,000/- as a coolie, according to her. Taking into consideration the above aspect, we feel that her monthly income can reasonably be fixed at Rs.2,500/-. Multiplier adopted by the Tribunal as 17 appears to be reasonable. In Ext.A4 certificate of disability the doctor certified that claimant is having permanent disability of 10%. Therefore, 8% disability taken by the Tribunal appears to be reasonable. Thus, calculated for the disability caused, the claimant is entitled to a compensation of Rs.40,800/- (Rs.2,500/- x 12 x 17 x 8%). 8. Tribunal awarded Rs.2,000/- for loss of amenities and enjoyment in life, which appears very low. Taking into consideration the nature of the injuries sustained, we feel that a compensation of Rs.5,000/- would be reasonable on this count. 9. Rs.12,000/- was awarded by the Tribunal for pain and suffering endured by the claimant, which is quite inadequate. Having regard to the nature of the injuries MACA 1232/2008 5 sustained, we feel that a compensation of Rs.15,000/- 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. In the result, the claimant is found entitled to an additional compensation of Rs.22,300/-. She is entitled to interest @ 7.5% per annum from the date of petition till realization. The third respondent being the insurer of the offending car, 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