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 25TH MARCH 2010 / 4TH CHAITHRA 1932 MACA.No. 920 of 2008() --------------------------------- OPMV.1081/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/PETITIONER: -------------------------------------- SHIJU @ BABU, S/O.CHENTHAMARA, FORMERLY RESIDING AT VEDIKARANVEEDU, SELVAPURAM, PAMPANPALLAM, PALAKKAD AND NOW RESIDING WITH P.V.USHA, W/O.LATE NARAYANAN, VATTAPERAMBIL HOUSE, MANGALAM POST, OTTAPALAM. BY ADV. SRI.LIJU. M.P RESPONDENTS/RESPONDENTS: ------------------------------------------------ 1. K. AMUTHA, W/O.S.P.KUMARASWAMY, THEKKALAN KATTUTHOTTOM, NOCHIVALASU, KOOTHAMPATTI POST, VIA. ARACHALUR, DIST.ERODE, TAMILNADU. 2. REVICHANDRA RAJA, S/O.R. DURAIRAJ, DOOR NO.52/CHICKAYI THOTTOM, VAIRAPALAYAM, TAMILNADU. 3. NEW INDIA ASSURANCE CO. LTD., PARIMALAM COMPLEX, 11 EBN ROAD, ERODE 11, TAMILNADU. R3 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. A.K.BAHSEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 920 of 2008 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 25th day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.1081/2004 of Motor Accidents Claims Tribunal, Ottapalam challenges the judgment and award of the Tribunal dated July 18, 2007 awarding a compensation of Rs. 3,01,860/- with interest @ 7% per annum from the date of petition till realisation for the loss caused to him, on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal, in brief, are these : The claimant was aged 19 at the time of the accident and was earning Rs. 3,000/- per month as a Welder. On July 14, 2004 at about 3.30 p.m., claimant was pillion riding on the motor cycle bearing Reg.No.KL9F 3905 from Coimbatore to Palakkad through NH 47. The motor cycle was ridden by deceased Shaneesh. When they reached MACA 920/2008 2 near Chullimada bridge, Walayar, Palakkad, a mini lorry bearing Reg.No.TN 33AB 9568 driven by the second respondent came at a high speed from the opposite side and dashed against the motor cycle. The rider of the motor cycle succumbed to the injuries sustained in the accident. The claimant sustained serious injuries and as a result of which his leg was amputated. According to the claimant, accident occurred due to the rash and negligent driving of the offending mini lorry by second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending vehicle are jointly and severally liable to pay compensation to the claimant. 3. The legal heirs of deceased Shaneesh filed O.P.(MV) No.1105/2004 before the Tribunal, which was jointly tried along with this O.P. by the Tribunal and a common award was passed. 4. PWs. 1 and 2 were examined and Exts.A1 to A17 were marked on the side of the claimant before the MACA 920/2008 3 Tribunal. Copy of the policy was marked as Ext.B1. The Tribunal on an appreciation of evidence awarded a compensation of Rs. 3,01,860/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellant/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 second respondent, driver of the offending vehicle, 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.A5 series, the discharge certificates issued from Elite Mission Hospital, Thrissur:- 1) Compound fracture both bone Rt. leg. 2) Lower 3rd with vascular injury. MACA 920/2008 4 3) Deep lacerated wound present over lower 3rd Rt. leg. 4) Multiple abrasion over Rt.elbow, post operatively distal vessels blocked with emboli. 8. On 21-07-2004 below knee amputation was done. Ext.A6 is the copy of discharge summary issued from the same hospital which shows that he was admitted on 16/07/2004 and was discharged on 3-8-2004. Ext.A7 is the disability certificate issued by the Orthopaedic Surgeon attached to Elite Mission Hospital, which shows that he has a permanent disability of 70%. Ext.A8 is the photograph showing that amputation of leg was done. Ext.A9 is the salary certificate showing that he was getting a monthly salary of Rs. 3,000/- per month as a Welder. 9. The Tribunal awarded a total compensation of Rs. 3,01,860/-. The break up of the compensation awarded is as under : Disability - Rs. 2,30,400/- MACA 920/2008 5 Treatment expenses - Rs. 40,110/- Bystanders expenses - Rs. 2,850/- Transportation expenses - Rs. 5,000/- Extra nourishment - Rs. 3,000/- Damage to clothes - Rs. 500/- Pain and suffering - Rs. 20,000/- --------------------- Total - Rs. 3,01,860/- ========== 10. The learned counsel for the claimant sought enhancement of the compensation for the disability caused. He pointed out that no compensation was awarded for the loss of amenities and enjoyment of life and loss of marriage prospects. 11. The Tribunal awarded Rs. 2,30,400/- for the disability caused taking the monthly income of the claimant as Rs. 2,400/- and the percentage of disability as 50% and adopting a multiplier of 16, taking into consideration the age of the claimant as 19. Ext.A9, the salary certificate shows that he was working as a Welder and was earning Rs. 3,000/- per month. He also testified to that fact as PW1. Therefore, we feel that his monthly income can reasonably be estimated at Rs. 3,000/- per month. The Tribunal took MACA 920/2008 6 his percentage of disability as 50% which appears to be reasonable, on going through Ext.A7, the certificate of disability. The multiplier adopted by the Tribunal as 16 is not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 2, 88,000/-. Thus, on this count, the claimant is entitled to an additional compensation of Rs. 57,600/-. 12. The Tribunal did not award any amount towards loss of amenities and enjoyment of life and loss of marriage prospects. Taking into consideration the nature of the injury sustained and the fact that his right leg was amputated, we feel that the a compensation of Rs. 15,000/- for loss of amenities and enjoyment of life and another Rs.15,000/- for loss of marriage prospects 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. 13. In the result, the claimant is entitled to an additional compensation of Rs.87,600/-. He is entitled to MACA 920/2008 7 interest @ 9% from the date of petition till realization and proportionate cost. The third respondent being the insurer of the offending vehicle, 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 as above. The appeal is disposed of as found above. A.K. BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.