IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 MACA.No. 1930 of 2005() ----------------------- OPMV.76/1999 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER ------------------------------------- V.V. SAJEEVAN, S/O. BALAN, R/O. MADATHIL VALLAMVALLI HOUSE, P.O. POOKODE, PATTIAM, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE RESPONDENTS/ RESPONDENTS: --------------------------- 1. P. PRASHANTH KUMAR, S/O. LAKSHMANAN, R/O. KOTTAYAM AMSOM, ERUVATTY DESOM, THALASSERY TALUK, KANNUR DISTRICT. 2. REENA NARAYANAN, S/O.P.C. NARAYANAN, R/O. SRI RAM NIVAS, KADAMBOOR, P.O. EDAKKAD, KANNUR TALUK. 3. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., THALASSERY BRANCH, POLICE NO.100802/31/40/2106/95. ADV. SRI.C.V.BIMAL ROY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1930 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the day of 2nd February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.76/1999 on the file of Additional Motor Accidents Claims Tribunal, Thalassery. In this appeal, he challenges the judgment and award of the Tribunal dated March 4, 2005 awarding a compensation of Rs.14,750/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident that occurred February 2, 1996 at about 3 p.m. : 1. Abrasion injury ( R) foot below the ankle joint 2. 2 x 2 cm. abrasion on the wrist ( R) 3. Multiple abrasion 5 x 5, 3 x 3, 7 x 5 cm. over the back just above the buttock 4. Left foot abrasion 3 x 3 cm. 2. The accident happened while the claimant was driving the autorickshaw bearing Reg.No.KL-13/1494 from Madapeedika to Thalassery. When he reached near Pankaj Talkies, it dashed against the MACA.No.1930/2005 2 bus bearing Reg.No.KRN 4073 driven by the first respondent. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 1,10,000/-. 3. First respondent, the driver of the offending bus remained absent before the Tribunal. The second respondent, the owner of the offending bus filed a written statement admitting the accident, but attributed negligence to the claimant. The third respondent, the insurer of the offending bus filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A8 and X1 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending bus by first respondent and awarded a compensation of Rs. 14,750/- with interest @ 9% per annum from the date of petition till realisation and proportionate cost. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA.No.1930/2005 3 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 first respondent 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 Tribunal awarded a total compensation of Rs.14,750/-. The break up of the compensation amount awarded is as under: Transportation - Rs. 200/- Bystander expenses - Rs.2,700/- Extra nourishment - Rs.1,350/- Damage to clothing - Rs. 400/- Treatment expenses - Rs. 300/- Loss of earnings - Rs.1,800/- Pain and suffering - Rs.6,000/- Loss of amenities - Rs.2,000/- 8. Counsel for the claimant pointed out that no compensation was awarded by the Tribunal for the disability caused. 9. The claimant was an auto rickshaw driver earning Rs.3,000/- per month, according to him. Taking into consideration the MACA.No.1930/2005 4 above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 2500/-. In Ext.A5, the doctor has assessed the disability caused to the claimant at 31%. Taking into consideration the disabilities caused to the claimant, we feel that the percentage of disability can be fixed at 10%. The claimant was aged 22 at the time of the accident. Therefore, the proper multiplier that can be adopted in this case is 17. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 51,000/- ( 10% x 2500 x 12 x 17). 10. The Tribunal awarded Rs. 1,800/- towards loss of earnings for one month. Taking into consideration the nature of the injuries sustained, we feel that the claimant must have been disabled for atleast three months. Therefore, the claimant is entitled to a compensation of Rs. 7,500/- towards loss of earnings i.e. for three months @ Rs.2,500/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 56,700/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. MACA.No.1930/2005 5 The third 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 sv. MACA.No.1930/2005 6