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 9TH JULY 2010 / 18TH ASHADHA 1932 MACA.No. 831 of 2004(B) ----------------------- OPMV.912/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- B.M.VARGHESE @ PAPPUTTY, BHAGAVTHI PARAMPIL, MUTTAM, MARIAPPALLY P.O., KOTTAYAM. BY ADV. SMT.MINI ELIZABETH GEORGE SMT.BETTY K.ALUKKA RESPONDENT(S): RESPONDENTS -------------------------- 1. MURALI M.P., MURITHOTTATHIL, MOOVATTUPUZHA 2. THOMAS CHERIAN @ SUNNY, PALLATTU HOUSE, THELLAKOM, ETTUMANOOR. 3. THE ORIENTAL INSURANCE CO.LTD., KOTTAYAM DIVISION, REPRESENTED BY ITS DIVISIONAL MANAGER. ADV. DR.ELIZABETH VARKEY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.831 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of July, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.912/1999 of Motor Accidents Claims Tribunal, Kottayam challenges the judgment and award of the Tribunal dated July, 21, 2003 awarding a compensation of Rs. 22,750/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these : The claimant was aged 68 at the time of the accident. On September 22, 1998 at about 3.30 p.m. while the claimant was standing on the side of the road at Kottayam, he was knocked down by a jeep bearing Reg.No.KL 7 N/5685 driven by the second respondent. The claimant sustained serious injuries. According to the claimant, accident occurred due to the rash and negligent driving of the offending jeep by second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the MACA.No.831/04 2 offending jeep are jointly and severally liable to pay compensation to the claimant. Claimant claimed a compensation of Rs. 1,25,000/-. 3. Respondents 1 and 2, the owner and driver of the offending jeep, remained absent before the Tribunal. The third respondent, the insurer of the offending jeep, filed a written statement admitting the policy. 4. Exts.A1 to A6 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending jeep by second respondent and awarded a compensation of Rs. 22,750/- 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. 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 is not challenged in this appeal. Therefore, the only MACA.No.831/04 3 question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The claimant sustained a penetrating injury to the right knee as revealed from Ext.A3, copy of the wound certificate, Ext.A4 discharge card and Ext.A5 Medical certificate issued from the hospital. Ext.A5, certificate of disability, shows that claimant has a disability of 10%. 8. The Tribunal awarded a total compensation of Rs.22,750/-. The break up of the compensation awarded is as under : Treatment expenses - Rs. 3,000/- Bystander expenses - Rs. 1,000/- Pain and suffering - Rs.10,000/- Loss of amenities - Rs. 5,000/- Loss of earnings - Rs. 3,750/- 9. Counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. 10. It is pertinent to note that the Tribunal did not award any compensation for the alleged disability caused by the claimant. Ext.A5, certificate of disability, shows that claimant has suffered a permanent disability of 10%. Taking into consideration the age of the claimant and the nature of the injury sustained by the claimant, we are MACA.No.831/04 4 of the view that 10% disability as mentioned in Ext.A5 is reasonable. The Tribunal took the monthly income of the claimant as Rs. 1,250/- which appears to be reasonable. In the light of the fact that he was aged 68 at the time of the accident, the proper multiplier that can be adopted in this case is 5. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 7500/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 11. In the result, the claimant is entitled to an additional compensation of Rs. 7,500/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. 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.831/04 5 MACA.No.831/04 6