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 23RD JUNE 2010 / 2ND ASHADHA 1932 MACA.No. 1866 of 2006() ----------------------- OPMV.1568/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER ----------------------- BASHEER, S/O.ALAVI, RESIDING AT ELASSAM VEETTIL HOUSE, P.O, PADI, KODALI, THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.SREEKANTH.K.R SRI.JIBU P THOMAS SRI.SUNIL J.CHAKKALACKAL RESPONDENT(S): RESPONDENTS. --------------------------- 1. C.J.THOMAS, S/O.C.V.JOSEPH, RESIDING AT CHENGINIMATTOM HOUSE, P.O, CHALAKUDY, THRISSUR DISTRICT. 2. ABDUL RAHMAN, S/O.SULTHAN RAVUTHAR, RESIDING AT BUNGLAW PARAMBIL HOUSE, AZAD ROAD, IRINJALAKUDA. 3. THE UNITED INDIA INSURANCE COMPANY LTD, CHALAKUDY, THRISSUR DISTRICT. ADV. SRI.S.ARUN RAJ FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1866 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.1568/2001 of Motor Accidents Claims Tribunal, Irinjalakuda challenges the judgment and award of the Tribunal dated August 23, 2005 awarding a compensation of Rs. 3,18,226/- 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 26 at the time of the accident and was used to earn Rs. 5,000/- per month as a Taxi driver, according to him. On July 31, 2001 at about 12.30 p.m., he was riding the motor cycle bearing Reg.No.KL-8/K 4200 along Chalakudy old National Highway. His friend was also pillion riding on the motor cycle. At that time, a car bearing Reg.No.KL - 8/B 9079 came at a high speed from the opposite direction and dashed against the motor cycle of the claimant. MACA.No.1866/2006 2 The claimant sustained serious injuries. According to the claimant, accident occurred due to the rash and negligent driving of the offending car by second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending car are jointly and severally liable to pay compensation to the claimant. Claimant claimed a compensation of Rs. 6 lakhs. 3. Respondents 1 and 2, the owner and driver of the offending car remained absent and were set ex parte by the Tribunal. The third respondent, the insurer of the offending car filed a written statement admitting the policy, but contended that there was also negligence on the part of the claimant. 4. Pws 1 to 3 were examined and Exts.A1 to A13 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 car by second respondent and awarded a compensation of Rs. 3,18,226/- with interest @ 6% per annum from the date of petition till realisation and proportionate cost. The claimant has now come up in appeal challenging the quantum of MACA.No.1866/2006 3 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 question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The claimant sustained the following injuries as revealed from Ext.A2, copy of the wound certificate. Compound fracture shaft tibia, fibula right, segmental fracture shaft of humerus right, fracture clavicle with brachial, piexus injury, right ear cut away, long lacerated wound on right forehead and deep wound on hip. Ext.A9 series are treatment certificates issued from Heart Hospital, Thrissur. Ext.A13 is the certificate is disability which shows that claimant has a disability of 35%. 8. The Tribunal awarded a total compensation of MACA.No.1866/2006 4 Rs.3,18,226/-. The break up of the compensation awarded is as under : Extra nourishment - Rs. 4,000/- Transport to hospital - Rs. 1,000/- Medical expenses - Rs.1,96,826/- Loss of earnings - Rs. 8,000/- Pain and suffering - Rs. 15,000/- Loss of amenities - Rs. 7,000/- Disability - Rs. 86,400/- 9. Counsel for the claimant sought enhancement of compensation for the disability caused. 10. The Tribunal took the monthly income of the claimant as Rs. 2,000/-, took the disability as 20% and adopted a multiplier of 18 and awarded Rs. 86,400/- for the disability caused. As the claimant was a Taxi driver, we feel that his monthly income can be reasonably estimated at Rs.2,500/-. The multiplier adopted by the Tribunal as 18 and the disability as 20% are not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.1,08,000/- ( 2500 x 12 x 18 x 20%). Thus on this count, the claimant is entitled to an additional compensation of Rs. 21,600/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 11. There is another aspect in this case. The Tribunal awarded MACA.No.1866/2006 5 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 realisation for the compensation already awarded and also for the enhanced compensation. 12. In the result, the claimant is entitled to an additional compensation of Rs. 21,600/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. He is also entitled to 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.1866/2006 6 MACA.No.1866/2006 7