IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 MACA.No. 1454 of 2005 ----------------------- OPMV.385/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): PETITIONER: ----------------------------------- ABDUL NAZAR, AGED 38 YEARS, S/O. ABOOBACKER, KOLAKKADAN HOUSE, THRIKALAYOOR, KEEZHUPARAMBA, P.O. AREACODE, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): 3RD RESPONDENT: ------------------------------ M/S. NATIONAL INSURANCE COMPANY LTD., KORAMBAYIL ARCADE, PANDIKKAD ROAD, MANJERI. (RESPONDENTS 1 & 2 BEFORE THE TRIBUNAL ARE NOT MADE AS PARTIES IN THIS APPEAL SINCE NO RELIEFS ARE CLAIMED AGAINST THEM). ADV. SRI.P.JAYASANKAR FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 9-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 1454 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 9th day of December, 2011 JUDGMENT Ramkumar, J. In this appeal filed under section 173 of the Motor Vehicles Act, 1988 (M.V. Act for short) the appellant who was the injured/claimant in the accident seeks enhancement of the compensation. 2. On 16-1-2000 at 10 a.m. when the appellant was travelling from Kuniyil to Kavanoor in an auto-rickshaw, driven by the 1st respondent before the Tribunal in a rash and negligent manner, the auto-rickshaw capsized when it reached at Pathanapuram, resulting in he sustaining fracture of neck of 3rd and 4th metatarsal, comminuted fracture 5th metatarsal, injury to the left ankle and injury to the left knee. He was hospitalized for six days and he left hospital with a plaster cast on the left leg, which was MACA 1454/2005 2 removed after two months. 3. The vehicle was insured with the 3rd respondent Insurance Company. The appellant preferred a claim petition before the Motor Accidents Claims Tribunal, Manjeri as O.P.(MV) No.385/2001 claiming a total compensation of Rs.1,50,000/-. The Tribunal as per the impugned award dated May 17, 2005 awarded a total compensation of Rs.26,472/-. It is dissatisfied with the said award that the appellant has preferred this appeal. 4. We heard the learned counsel for the appellant and the learned counsel for the Insurance Company. 5. Having perused the records and having considered the facts and circumstances of the case, we are of the view that the appellant is entitled to enhancement of compensation as indicated below:- The appellant is a coolie labourer. The Tribunal took a sum of Rs.1,250/- per month as the income of the appellant. We are of the view that the monthly income of the appellant should have been taken as Rs.3,000/-. The multiplier of 16 MACA 1454/2005 3 adopted by the Tribunal is the proper figure. The Medical Board has certified that the appellant has a disability of 4% and the same was accepted by the Tribunal. Adopting his monthly income at Rs.3,000/- and adopting the disability as 4%, the appellant will be entitled to a sum of Rs.23,040/- as against Rs.9,600/- awarded by the Tribunal. 6. No amount has been awarded by the Tribunal towards loss of amenities and enjoyment in life. Considering the nature of the injuries sustained by the appellant, we are of the view that a sum of Rs.10,000/- can be awarded towards that head. 7. The Tribunal did not award any amount towards partial loss of earnings, as against the claim of Rs.12,000/-. We are of the view that since the appellant was immobilized for two months due to plaster cast, he should have been given a sum of Rs.6,000/- under that count. The Tribunal awarded Rs.6,000/- towards pain and suffering as against the claim of Rs.20,000/-. Having regard to the nature of the injuries sustained and the consequent sufferings, we are of MACA 1454/2005 4 the view that the appellant is entitled to a total amount of Rs.15,000/- under that count, from which the amount awarded by the Tribunal will have to be deducted. 8. As against a sum of Rs.250/- awarded by the Tribunal towards transport to hospital, we award a sum of Rs.1,000/-, since the appellant had five reviews in the hospital and he must have incurred expenses on that count. 9. The following is the comparative table showing the breakup of the award by the Tribunal as well as by this Court:- Particulars As fixed by the Tribunal As fixed in this appeal Partial loss of earnings 6,000 Transport to hospital 250 1,000 Extra nourishment 600 Medical expenses 10,022 Pain and suffering 6,000 15,000 Continuing or permanent disability 9,600 23,040 Loss of amenities and enjoyment in life 10,000 10. In the result, this appeal is allowed granting a total enhanced compensation of Rs.39,190/-, which shall MACA 1454/2005 5 bear interest @ 7.5% from the date of petition (O.P.(MV) till realization. V.RAMKUMAR, JUDGE P.Q.BARKATH ALI, JUDGE mn.