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 4TH FEBRUARY 2010 / 15TH MAGHA 1931 MACA.No. 1160 of 2005() ----------------------- OPMV.30/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER ---------------------------------- VALLIAMMA, W/O.RAJU, KADAMANCHIRA, KUPPADI P.O., SULTANBATHERY AMSOM, SULTHANBATHERY TALUK. BY ADV. SRI.T.KURIAKOSE PETER SRI.ABRAHAM P.GEORGE RESPONDENT(S): RESPONDENTS --------------- 1. BABURAJ, S/O.PEETHAMBARAN, AGED 28 YEARS ARIYILKATTIL HOUSE, NAMBIARKUNNU P.O. 2. THE MANAGING DIRECTOR, SOUTH WAYANADU MOTOR SERVICE PVT. LTD., SULTHANBATHERY P.O. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO LTD., BRANCH OFFICE, NOORNAL BUILDINGS, SULTHANBETHERY P.O. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No.1160 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.30/2003 of Motor Accidents Claims Tribunal, Kalpetta challenges the award of the Tribunal dated 17th November 2004 granting a compensation of Rs. 71,000/- for the loss sustained by the claimant on account of the injuries sustained in a motor accident. 2. The facts in brief are these : On December 1, 2002 at about 6.15 p.m., while the claimant was alighting from the bus bearing Reg. No.KL-12-A/8199, the driver of the bus/first respondent took the bus forward as a result of which the appellant fell down and then the back wheel of the vehicle ran over her right leg causing serious injury to her. As a result of the injuries, her right leg was amputated . The claimant was aged about 65 at the time of the incident and used to earn more than Rs. 5,000/- per month. She has claimed a compensation of Rs. 2 lakhs. 3. Respondents 1 and 2, the driver and owner of the offending MACA.No.1160/05 Page numbers bus remained absent and were set ex parte before the Tribunal . The third respondent/insurer of the bus admitted that the offending bus was covered by a valid insurance policy at the time of the accident, but contended that the compensation claimed is excessive. 4. The claimant was examined as PW1 and Exts.A 1 to A9 were marked on her side. No evidence was adduced by the contesting third respondent, the Insurance Company. The Tribunal on an appreciation of evidence awarded a compensation of Rs. 71,000/- . The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. The only question which arises for consideration is whether the claimant is entitled to any enhanced compensation ? 6. The accident was not disputed. It is also admitted that the accident occurred due to the negligence on the part of the driver of the offending bus, the second respondent. It is proved by Ext.P4 , the copy of the wound certificate that the appellant sustained injuries described therein and that her right leg was amputated. It is also not disputed that she was aged 65 at the time of accident and was a coolie worker. The Tribunal awarded the compensation as follows : MACA.No.1160/05 Page numbers Loss of earnings - Rs. 3,000/- Transport to hospital - Rs. 1,000/- Extra nourishment - Rs. 5,000/- Cost of medicines - Rs. 2,000/- Pains and sufferings - Rs.10,000/- Disability - Rs.30,000/- Attendant expenses - Rs.10,000/- Loss of amenities - Rs. 5,000/- Loss of earning power - Rs. 5,000/- -------------- Rs.71,000/- ========= 7. The Tribunal has taken the monthly income of the petitioner as Rs. 1,000/- per month for the disability caused which appears to be very low. The injured being a lady aged 65, we feel that her monthly income as a coolie can be reasonably fixed as Rs. 1,500/- per month. As she was aged 65, a multiplier of 5 would be reasonable. No disability certificate was produced in this case before the Tribunal. The Tribunal has assessed her disability at 50%. Under Schedule 1 of Workmen's Compensation Act 1923, the percentage of earning capacity MACA.No.1160/05 Page numbers where there is amputation below knee is prescribed as 50%. In this case also, the said percentage of disability can be accepted. Therefore the disability assessed by the Tribunal as 50% appears to be reasonable. Thus calculated for the disability caused, the appellant would be entitled to a compensation of Rs. 45,000/- ( 50% of 1500 x 12 x 5). On this count, the appellant is entitled to an additional compensation of Rs. 15,000/-. 8. Towards loss of earnings, Rs. 3,000/- was awarded by the Tribunal taking into account the income of the claimant as Rs. 1,000/-. As we have taken the monthly income of the appellant as Rs. 1500/- she is entitled to a compensation of Rs. 4500/- towards loss of earnings. Thus on this count, she is entitled to an additional compensation of Rs. 1500/-. 9. Towards transport to hospital, only Rs.1,000/- was awarded by the Tribunal. Taking into consideration the fact that the right leg of the claimant has been amputated, we feel that Rs. 2,000/- would be adequate on this count. Thus on this count, the appellant is entitled to an additional compensation of Rs. 1000/-. 10. Towards extra nourishment, Rs. 5,000/- was granted by MACA.No.1160/05 Page numbers the Tribunal. As the right leg of the claimant was amputated, we feel that the amount awarded under this count is very low. Taking into consideration the nature of the injury sustained, we feel that Rs. 10,000/- would be adequate on this count. Thus in this regard, the appellant is entitled to an additional compensation of Rs. 5,000/-. 11. Towards, cost of medicines, only Rs. 2,000/- was awarded by the Tribunal. Having regard to the fact that the right leg of the claimant was amputated, we feel that Rs. 7500/- would be reasonable towards the cost of medicines. Thus on this count, the appellant is entitled to an additional compensation of Rs. 5500/- . 12. Towards pains and sufferings, Rs. 10,000/- was awarded by the Tribunal which appears to be very low. As the right leg of the appellant was amputated, towards pains and sufferings, we feel that a compensation of Rs. 25,000/- would be fair and proper. 13. Towards loss of amenities and enjoyment of life, Rs. 5,000/- was awarded by the Tribunal. Having regard to the fact that right leg of the appellant was amputated, towards loss of amenities and enjoyment of life, a compensation of Rs. 10,000/- would be adequate. Therefore on this count, the appellant will be entitled to an additional MACA.No.1160/05 Page numbers compensation of Rs. 5,000/- . 14. Towards attendant expenses Rs. 10,000/- and loss of earning power, Rs. 5,000/- was awarded by the Tribunal which appears to be reasonable. Thus calculated, the appellant is entitled to an additional compensation of Rs. 48,000/- and proportionate costs. The claimant is entitled to interest @ 7.5% per annum. The Tribunal awarded interest @ 6% only which appears to be very low. Therefore, for the amount already awarded by the Tribunal also, the appellant is entitled to interest @ 7.5% from the date of petition till realisation. The third respondent, the insurer shall deposit the amount within one month from this date before the Tribunal. The appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1160/05 Page numbers