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 20TH OCTOBER 2010 / 28TH ASWINA 1932 MACA.No. 1478 of 2005() ------------------------------ OPMV.2963/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER ----------------------------- VIMALAN, S/O.SANKARAN, ERUPPASSERY HOUSE, IRINGAPPURAM P.O., THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS --------------------------------------- 1. MOIDU HAJI, KUNNNATH HOUSE, VILAYAPPILLY, VADKKARA. 2. SUNILKUMAR, S/O.SANKARAN, PACHILAKKADU HOUSE, KADIYANGOTTU P.O., CHANGAROTH. 3. UNITED INDIA INSURANCE CO LTD., P.O.KOZHIKODE. R3 BY ADV. SRI.M.A.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 1478 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 20th day of October, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.2963 of 2000 on the file of the Motor Accidents Claims Tribunal, Thrissur. In this appeal he challenges the judgment and award of the Tribunal dated April 6, 2005 awarding a compensation of Rs.78,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The claimant sustained the following injuries in a motor accident that occurred on October 10, 1999 at 2.30 p.m. while he was walking along the side of Guruvayur – Kunnamkulam public road, he was knocked down by a bus bearing registration No.KL/11 D 4624, driven by the 2nd respondent:- 1) Fracture medial malleolus left. 2) Fracture posterior malleolus left. MACA 1478/2005 2 3) Fracture fibula lower 1/3. 4) Fracture left 8th to 12th ribs. 5) Fracture transverse process of L1, L2 and L3 left. 6) Multiple bodily injuries. 3. Alleging negligence against the 2nd respondent, driver of the bus, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.2,39,000/-. 4. Respondents 1 and 2, the owner and driver of the offending bus, remained absent and they were set ex parte by the Tribunal. The 3rd respondent, insurer of the offending bus, filed a written statement admitting the policy. Exts.A1 to A10 were marked on the side of the claimant and Ext.B1 was marked on the side of the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the 2nd respondent and awarded a compensation of Rs.78,000/- with interest at 6% p.a. from the date of petition till realization. The MACA 1478/2005 3 claimant has come up in appeal challenging the quantum of compensation. 5. Heard learned counsel for the appellant/claimant and learned counsel for 3rd respondent/Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the 2nd respondent/driver of the offending bus 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. 7. The Tribunal awarded a total compensation of Rs.78,000/-. Break up of the compensation amount awarded is as under:- Loss of earnings : Rs. 8,000/- Medical and incidental : Rs. 14,000/- expenses like transport to hospitals and bystander's expenses. Pain and suffering : Rs. 12,000/- Loss of amenities. : Rs. 8,000/- Permanent disability : Rs. 36,000/- MACA 1478/2005 4 ------------------ Total : Rs.78,000/- ======== 8. Learned counsel for the claimant sought enhancement of the compensation for the disability caused. 9. The Tribunal took the monthly income of the deceased as Rs.2,000/-, took the percentage of disability as 10%, adopted a multiplier of 15 and awarded Rs.36,000/- for the disability caused. According to the claimant, he was earning Rs.3,000/- per month as a daily worker. Therefore, we feel that his monthly income can reasonably be fixed atRs.2,500/- per month. In Ext.A9 certificate of disability Orthopaedics Surgeon certified that the claimant has suffered 20% permanent disability. Taking int consideration the nature of the disabilities mentioned in Ext.A9, we feel that percentage of disability can be assessed as 15%. Multiplier adopted by the Tribunal as 15 is not seriously challenged. Thus, calculated for the disability caused, the claimant is entitled to a compensation of Rs.67,500/- MACA 1478/2005 5 (Rs.2,500/- x 12 x 15 x 15%). Thus, on this count, the claimant is entitled to an additional compensation of Rs.31,500/-. 10. There is another aspect in this case. The Tribunal awarded Rs.8,000/- towards loss of earnings for four months at the rate of Rs.2,000/- per month. As we have fixed the monthly income of the claimant as Rs.2,500/-, he is entitled to a compensation of Rs.10,000/- on this count. 11. The Tribunal awarded interest only @ 6% per annum, which appears to be very low. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realization for the compensation already awarded by the Tribunal and also for the enhanced compensation. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 12. In the result, the claimant is found entitled to an additional compensation of Rs.33,500/-. He is entitled to @ 7.5% from the date of petition till realization for the MACA 1478/2005 6 compensation already awarded and also for the enhanced compensation. The 3rd respondent, insurer of 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 as above. The appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE mn.