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 10TH JUNE 2011 / 20TH JYAISHTA 1933 MACA.No. 2029 of 2005() ----------------------- OPMV.476/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT(S): APPELLANT/APPLICANT. ---------------------------------- UNNIKRISHNAPILLAI, S/O.BHASKARA PANICKER, KANNACHAMKULAM VEEDU, VALAYAM BAHGAM, NEDUMUDI VILLAGE, KUTTANADU TALUK, ALAPPUZHA DIST. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): RESPONDENT. -------------------------- 1. THE MANAGING DIRECTOR, K.S.R.T.C. K.S.R.T.C. BAHVAN, THIRUVANANTHAPURAM. 2. VELAPPAN CHETTIAR, S/O.SHANMUGHAM CHETTIAR, SREE BHAVAN, NEAR KOTHAYATHU TEMPLE, PULIYA KOVIL, KOLLAM EAST VILLAGE, KOLLAM. R1 BY SRI V V NANDAGOPAL NAMBIAR, SC, KSRTC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 2029 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 10th day of June, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.476/2000 on the file of the Motor Accidents Claims Tribunal, Attingal. In this appeal he challenges the judgment and award of the Tribunal dated July 19, 2005 awarding a compensation of ` 1,15,200/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on January 26, 2000 at about 6.45 p.m. at Mamom. While the claimant was travelling in an Ambassador car bearing registration No.KLY 1293 along Kollam - Trivandrum National Highway, it collided head on with a K.S.R.T.C. bus bearing registration No.KL-15 978, driven by the second respondent. The claimant sustained serious injuries in the accident. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal MACA 2029/2005 2 under section 166 of the Motor Vehicles Act claiming a compensation of ` 5,54,500/-. 3. Respondents 1 and 2, the owner and the driver of the offending K.S.R.T.C. bus, remained absent and they were set ex parte by the Tribunal. This O.P. was tried along with other O.Ps. filed by the driver of the car and another injured person in the same accident and a common award was passed. Exts.A1 to A25 and Ext.X1 were marked on the side of the claimant. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the second respondent and awarded a compensation of ` 1,15,200/- with interest @ 9% p.a. from the date of petition till realization and a cost of ` 2,500/-. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the claimant and the counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence MACA 2029/2005 3 of the second respondent is not seriously challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 6. The claimant sustained the following injuries in the accident:- 1) Dislocation and fracture on the left femur. 2) Injury on middle of head, on the cheek, on the lips. 3) Abrasion over the knee. 4) Loss of two teeth from upper jaw. 7. The Tribunal awarded a total compensation of ` 1,15,200/-. Break up of the compensation awarded is as under:- Pain and suffering : ` 20,000 Transportation expenses : ` 500 Extra nourishment : ` 3,000 Damage to clothing : ` 500 Hospitalization and treatment : ` 4,000 Loss of earning : ` 6,000 Medical bills : ` 20,000 Disability : ` 61,200 ------------------ Total : ` 1,15,200 ======= 8. The counsel for the claimant sought enhancement MACA 2029/2005 4 of compensation for the disability caused, loss of amenities and enjoyment in life and on other heads. 9. The Tribunal took the monthly income of the claimant as ` 2,500/-, took the percentage of disability as 12%, adopted multiplier of 17 and awarded a compensation of ` 61,200/- for the disability caused. Ext.A10 salary certificate shows that he was drawing a salary of ` 3,500/- per month. Taking into consideration the above aspect, we feel that his monthly income can reasonably be fixed at ` 3,000/-. Percentage of disability assessed by the Tribunal as 12% and multiplier adopted as 17 appear to be reasonable, as he was aged 32 at the time of the accident. Thus calculated for the disability caused, the claimant is entitled to a compensation of ` 73,440/- (` 3,000/- x 12 x 17 x 12%). Thus the claimant is entitled to an additional compensation of ` 12,240/- on this count. 10. No compensation was awarded for the loss of amenities and enjoyment in life. Taking into consideration the nature of the injuries sustained by the claimant and MACA 2029/2005 5 disability caused, we feel that a compensation of ` 10,000/- would be reasonable on this count. 11. The Tribunal awarded ` 500 towards transportation expenses, which appears to be very low. The claimant has produced taxi bills Ext.A17 series worth ` 11,000/-. Therefore, we feel that an additional compensation of ` 2,000/- would be reasonable on this count. 12. There is another aspect in this case. The Tribunal awarded a sum of ` 6,000/- towards loss of earning. We have fixed monthly income of the claimant as ` 3,000/-. Nature of the injuries sustained by him shows that he has been disabled for three months for which he is entitled to a compensation of ` 9,000/-. 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 found entitled to an additional compensation of ` 27,240/- with interest @ 7.5% per annum from the date of petition till realization and proportionate costs. The first respondent being the owner of MACA 2029/2005 6 the offending bus 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 to the above extent. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn