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 16TH JULY 2010 / 25TH ASHADHA 1932 MACA.No. 1645 of 2005() ----------------------- OPMV.1116/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER ---------------------------------- ABDULKHADER, AGED 54 YEARS, S/O.KASIM, THEYYALAPARAMBIL, KAVIPAD AMSOM, PALAKKAD TALUK. BY ADV. SRI.K.P.BALAGOPAL RESPONDENT(S): RESPONDENTS --------------- 1. K.K.MOHAMMED, AGE NOT KNOWN, S/O.KUTTY AHAMMED, KAREKKADE HOUSE, KAMBA, KINAVALLOOR, PALAKKAD. 2. K.S.KRISHNAN, AGE NOT KNOWN C/O.K.K.MOHAMMED, KAREKKADE HOUSE, KAMBA, KINAVALLOOR, PALAKKAD. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, DOOR NO.10/290, G.B.ROAD, PALAKKAD-678 001. ADV. SRI.M.S.PATTALI FOR R3 SRI.K.J.KURIACHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 1645 of 2005 ------------------------------------------------------ Dated: JULY 16, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in OP(MV) 1116/1999 on the file of the Motor Accidents Claims Tribunal, Palakkad. He was aged 48 at the time of the accident and was running an Auto Electrical Workshop by name “Zafura Electricals” at Olavakkode and was earning Rs.4000/- per month, according to him. He sustained the following injuries in a motor accident which occurred on August 28, 1999 at about 4.30 p.m. at Olavakkode Junction: “Crush injury extending from shoulder to wrist with loss of skin, muscles exposing bones and completely disorganizing the limb; Irregular wound on posterior aspect of right popliteal area with loss of skin 10 x 4 cm muscle deep. Above elbow amputation left done on 28.8.99 skin grafting was done on 20.9.99. That on amputation stump 100% taken up - that on popliteal area 30% taken up.” 2. The claimant was riding his motorcycle bearing registration No. KER 6265 from his workshop at Olavakkode to Railway Colony and when he reached at Olavakkode Junction, a bus bearing registration No. KL 9C 4201 driven by the 2nd respondent came at a high speed and dashed against the backside of the motorcycle. He M.A.C.A. 1645 of 2005 2 filed the OP under sec.166 of the Motor Vehicles Act claiming a compensation of Rs.3 lakhs alleging negligence against the 2nd respondent, the driver of the bus. Respondents 1 and 2, owner and driver of the offending bus, remained absent before the Tribunal. Respondent No.3, insurer of the offending bus, though admitted the policy, contended that there was also negligence on the part of the claimant. 3. The claimant was examined as PW.1 and Exts.A1 to A9 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.1,33,250/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.1000/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. 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.1,33,250/-. The break up of the compensation awarded is as under:- transportation - Rs.3500 extra nourishment - 1500 M.A.C.A. 1645 of 2005 3 bystander's expenses - 7500 damage to clothing - 250 medical expenses - 8000 pain and suffering - 12500 permanent disability - 97500 loss of amenities in life - 2500 6. The Counsel for the appellant/claimant sought enhancement of the compensation awarded for the disability caused and for loss of amenities and enjoyment of life. The Tribunal took the monthly income of the claimant as Rs.2500/-, took the percentage of disability as 25% and adopted a multiplier of 13 and awarded Rs.97500/- for the disability caused. The Tribunal is justified in taking the monthly income of the claimant as Rs.2500- as there is no reliable evidence to show the income of the claimant. As regards the percentage of disability caused to the claimant, in Ext.A8 the doctor has certified that he has a permanent disability of 50%. The left hand of the claimant was amputated above elbow level. Therefore the percentage of disability shown as 50% in Ext.A8 appears to be reasonable. The multiplier adopted by the Tribunal as 13 appears to be correct as he was aged 48 at the time of the accident. Thus calculated, for the disability caused the claimant is entitled to a compensation of M.A.C.A. 1645 of 2005 4 Rs.1,95,000/-. Thus on this count he is entitled to an additional compensation of Rs.97500/-. 7. The Tribunal awarded compensation of Rs.2500/- for the loss of amenities and enjoyment in life. The claimant has lost his left hand. Therefore we feel that for the loss of amenities and enjoyment in life, a compensation of Rs.15000/- would be reasonable. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 8. Thus the claimant is entitled to an additional compensation of Rs.1,10,000/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation 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/-