IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 MACA.No. 1768 of 2005() ----------------------- (O.P.(MV)NO.399/2000 OF MACT, MUVATTUPUZHA) APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- SIBIN, S/O. CHACKO, AGED 26 YEARS, THAVALACHIRAPPATTU HOUSE, PARIYARAM KARA, AIKKARANADU SOUTH VILLAGE. BY ADV. SRI.P.K.VIJAYAN RESPONDENT(S): RESPONDENTS --------------- 1. K. PURUSHOTHAMAN, PURUSHOTHAMA VILASAM, THODUPUZHA. (DIED). 2. VINODKUMAR, S/O. BHASKARAN NAIR, AGANIVASAL, VENGALLOOR KARA, KUMARAMANGALAM VILLAGE, THODUPUZHA. 3. NATIONAL INSURANCE CO.LTD., THODUPUZHA BRANCH OFFICE, PULIMOOTTIL SHOPPING ARCADE, THODUPUZHA. 4. JANAKI AMMA, W/O. PURUSHOTHAMAN, PURUSHOTHAMA VILASAM, VENGALLOOR P.O., THODUPUZHA. 5. SMT.J. VIJAYAM, D/O. PURUSHOTHAMAN PARAVELI HOUSE, VRINDAVAN LANE, MANJERI P.O. 6. P.S. SAJEEV, AISWARYA, PURUSHOTHAMA VILASAM, P.O. VENGALORE. 7. P. RAJEEV, S/O. PURUSHOTHAMAN, PRUSHOTHAMA VILASAM, MADAKKATHANAM. 8. P. AJEEV, ANNUGRAHA, PURUSHOTHAMAVILASAM, VENGALORE P.O. 9. SOBHA MOHANDAS, ROHINI, P.O. PONKUNNAM. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1768 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of October, 2010 JUDGMENT Basheer, J. Appellant, who was studying for the three year Diploma Course in Automobile Engineering was knocked down from his two wheeler by a speeding car driver by respondent No.2 herein. He sustained very grievous injuries on his spinal cord. He was aged 20 at the time of the accident. His parents had great dreams about him. But the accident that occurred in the year 1999 robbed everything. Eleven years down the line, the appellant is practically a vegetable. He is totally paralysed below his waist. The Medical Board after examining the appellant assessed his disability at 75%. His condition was described as “Traumatic Paraplegia”. The mental agony and extreme trauma of the family, not to mention that of the poor victim himself, is only imaginable. 2. The Motor Accidents Claims Tribunal after considering the oral and documentary evidence available on record passed an award MACA.No.1768/2005 2 directing the Insurance Company to pay a total sum of Rs. 5,05,500/- towards compensation with 6% interest on Rs. 3,00,000/-. The said amount included Rs. 1,70,000/- spent by the appellant and his family for treatment, apart from Rs.25,000/- under the head “pain and suffering” and Rs. 20,000/- for loss of amenities etc. 3. We have been taken through the deposition of the appellant who was examined on commission. His deposition gives a vivid picture of the sad plight of the young man. We do not propose to refer to or record in this judgment what he described his condition is. Suffice it to say that this is a fit case where the disability certified by the doctor has to be converted as 100%. The Tribunal reckoned the annual notional income of the appellant as Rs.15,000/-. In our view, this is on the lower side. It has to be taken as Rs. 24,000/-. We do so. Calculated on that basis and applying the multiplier of 17, the appellant will be entitled to get disability compensation as hereunder : 24000 x 17 x 100% = Rs. 4,08,000/-. 4. Similarly, the compensation under the head of pain and suffering is enhanced to Rs. 50,000/- and for loss of amenities, the MACA.No.1768/2005 3 amount shall stand enhanced to Rs. 50,000/-. 5. The appellant shall be entitled to get interest @ 7.5% on the entire amount of compensation awarded by the Tribunal from the date of petition till realisation. With the above modifications in the award, the appeal is allowed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1768/2005 4