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 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 MACA.No. 1651 of 2005() ----------------------- OPMV.2267/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL,KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- RAVEENDRAN, NARAYANA NIVAS, NEAR THIDAMPUR TEMPLE, MALLEESSERRY P.O., PERUMBAIKKADU VILLAGE, KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS/RESPONDENTS --------------- 1. SAJU JAMES, PUTHENKULANGARA HOUSE, NEAR PULLARIKKUNNU PUBLIC, MALLOOSSERRY P.O., KOTTAYAM. 2. RAJU.K.R., VII/890, MALLOOPARAMBIL HOUSE, CHANNANIKADU P.O., KOTTAYAM. 3. THE NEW INDIA ASSURANCE CO.LTD., KOTTAYAM. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1651 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of November, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.2267/2000 on the file of Additional Motor Accidents Claims Tribunal, Kottayam. In this appeal, he challenges the judgment and award of the Tribunal dated May 14, 2004 awarding a compensation of Rs.77,500/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained both bone fracture of right leg in that accident that occurred on December 12, 1998 at about 3.p.m. near Thidampur Temple at Illamattam Bhaghom. 2. The accident happened while the claimant was travelling in a goods autorickshaw bearing Reg.No.KL-5D/9741 driven by first respondent, due to the negligence of the first respondent, the autorickshaw capsized. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 4,00,000/-. MACA.No.1651/2005 2 3. First respondent, the driver of the offending autorickshaw remained absent before the Tribunal. Second respondent, the owner of the offending autorickshaw filed a written statement admitting the accident. The third respondent, the insurer of the offending autorickshaw filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A15 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 autorickshaw by first respondent and awarded a compensation of Rs. 77,500/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.6,000/-. 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 first MACA.No.1651/2005 3 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 break up of the compensation awarded by the Tribunal is as under : Loss of earning - Rs.10,500/- Transport to hospital, extra nourishment and for damage to clothing - Rs. 3,500/- Bystander expenses - Rs. 4,000/- Medical bills - Rs. 3,000/- Pain and suffering - Rs.16,000/- Permanent disability - Rs.28,000/- Head injury compensation - Rs.12,500/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused. 9. The Tribunal took the monthly income of the claimant as Rs.1,500/-. According to the claimant, he was working as a Mechanic and was aged 37 at the time of the accident. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs.2,500/-. The percentage of disability taken as 10% by the Tribunal appears to be reasonable considering the nature of MACA.No.1651/2005 4 the injuries caused to him as evidenced by Ext.A9 certificate of disability. As he was aged 37 at the time of the accident, the proper multiplier that can be adopted is 16. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 48,000/- ( 10% x 2500 x 12 x 16). Thus on this count, the claimant is entitled to an additional compensation of Rs.20,000/-. 10. The Tribunal awarded Rs.16,000/- for pain and suffering endured by the claimant. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. 11. The Tribunal awarded Rs. 10,500/- towards loss of income for 7 months @ Rs. 1,500/- per month. As we have fixed the monthly income of the deceased as Rs. 2,500/-, he is entitled to a compensation of Rs. 17,500/- towards loss of income. Thus, on this count, the claimant is entitled to an additional compensation of Rs. 7,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 12. There is another aspect in this case. The Tribunal awarded MACA.No.1651/2005 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. 13. In the result, the claimant is found entitled to an additional compensation of Rs. 31,000/-. 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 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.1651/2005 6 MACA.No.1651/2005 7