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 17TH JUNE 2010 / 27TH JYAISTHA 1932 MACA.No. 309 of 2004() ------------------------------- OPMV.394/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI ............................................... APPELLANT(S): APPELLANT/PETITIONER ------------------------------------------------------------ SIBI SYRIAC, 33 YEARS S/O. SYRIAC, MAPPILAPPARAMBIL HOUSE, EDAVANNA P.O. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): RESPONDENTS ---------------------------------------------- 1. S.P.MAHALINGAM, S/O. PARAMASIVA GOWNDER, POLLACHI (DRIVER) 2. S.ARULKUMAR, KARAMANA, TRIVANDRUM (OWNER) 3. UNITED INDIA INSURANCE CO. LTD., COIMBATORE. ADV. SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK A.K. BASHEER & P.Q. BARKATH ALI, JJ. ---------------------------------------------------- M.A.C.A No. 309 OF 2004 ---------------------------------- DATED THIS THE 17TH DAY OF JUNE, 2010 JUDGMENT -------------- In this appeal under Section 173 of Motor Vehicles Act, the claimant in OP(MV) No. 394/99 on the file of Motor Accidents Claims Tribunal, Manjeri challenges the judgment and award of the Tribunal dated August 25,2003 awarding a compensation of Rs. 1,00,800/- for the loss caused to the claimant on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these: On September 23, 1996 at about 3.30 a.m., the claimant was travelling in a Jeep bearing registration No. KL-101B-1797 from Manjeri to Kottayam. When he reached at Kothakulangara in Angamaly, a tourist bus bearing registration No. KL-01/D 3646 driven by the 1st respondent came at a high speed and dashed against the Jeep. The claimant sustained serious injuries. According to the claimant, accident occurred due to rash and M.A.C.A No. 309 OF 2004 2 negligent driving of the Jeep by its driver, the 1st respondent. The 1st respondent as the driver, the 2nd respondent ans the owner and the 3rd respondent as the insurer of the offending Jeep are jointly and severally liable to pay compensation to the claimant. The claimant has claimed a compensation of Rs. 2,10,000/-. 3. Respondents remained absent and were set ex-parte by the Tribunal. 4. Ext. A1 to A9 were marked on the side of the claimant. On a appreciation of evidence, the Tribunal awarded a compensation of Rs. 1,00,800/- with interest at the rate of 9% per annum from the date of petition till realization and a cost of Rs. 1,500/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the 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 1st M.A.C.A No. 309 OF 2004 3 respondent, the driver of the offending Jeep 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 claimant sustained the following injuries as revealed from Ext.A2, the copy of wound certificate issued from the Medical Trust Hospital, Ernakulam. “Frature right femur Lacerated wound over right eyebrow and right cheek/ Contusion with abrasion right knee anteriority. Tenderness right shoulder. Corneal Tear with Traumatic cataract.” Ext. A6, Medical Certificate issued by Eye Hospital, Madurai shows that on 21.12.1996 the claimant was subjected to the following treatment. “right eye traumatic cataract removal with corneal tear repair”. Ext.A7 certificate of disability issued from the Al-shifa Hospital, Perinthalmanna shows that the claimant has now permanent partial disability of 4 % of right lower limb function. M.A.C.A No. 309 OF 2004 4 8. The Tribunal awarded a total compensation of Rs. 1,00,800/-. The break up of the amount awarded is as under: Loss of earnings : Rs. 36,000 Transport to hospital : Rs. 2,000 Extra nourishment : Rs. 1,000 Damage to clothing : Rs. 800 Treatment and medical expenses : Rs. 36,000 Pain and suffering : Rs. 25,000 --------- Total : Rs.1,00,800 ======= 9. The counsel for the claimant sought compensation for the disability caused as the Tribunal did not award any compensation for the disability caused. He has also claimed compensation for the loss of amenities and for transportation to hospital. Ext. A10 series shows that the claimant was employed as a Medical Representative of Tose International, New Delhi and earning Rs. 6,000/- per month which is accepted by the Tribunal. But for assessing the compensation for disability caused, we feel that his monthly income can be reasonably fixed at Rs. 3,000/-. The percentage of disability assessed as stated in Ext. A10 appears to be reasonable. The proper M.A.C.A No. 309 OF 2004 5 multiplier that can be adopted in this case as 17. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 24,480/- (Rs.3000X12x17x4%) for the disability caused. 10. The Tribunal did not award any amount for loss of amenities and enjoyment of life. Taking into consideration of the nature of injuries sustained, we feel that a compensation of Rs. 15,000/- would be reasonable on this count. 11. The Tribunal awarded Rs. 2,000/- for transport to hospital. Considering the fact that the accident occurred near Kothakulangara in Angamaly and he was treated at Perinthalmanna, a compensation of Rs. 5,000/- would be reasonable on this count. 12. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. Thus, the claimant is entitled to an additional compensation of Rs. 44,480/-. He is entitled to interest @ 9% per annum from the date of petition till realization and proportionate cost. The 3rd M.A.C.A No. 309 OF 2004 6 respondent, being the insurer of the offending vehicle, shall deposit the amount before the Tribunal within two months from the date of receipt of 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) PKK M.A.C.A No. 309 OF 2004 7 M.A.C.A No. 309 OF 2004 8 M.A.C.A No. 309 OF 2004 9