IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 MACA.No. 584 of 2007() ---------------------- OPMV.1752/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OP(MV) --------------------------------------------- RADHAKRISHNAN, S/O. CHOYIKUTTY, AGED 45 YEARS, THUMPAYIL MANIYOTHU HOUSE, KARAD PARAMBU POST, FEROKE COLLEGE VIA, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS: RESPONDENTS IN OP(MV) ------------------------------------- 1. KATERY MOIDEENKUTTY HAJEE, ARAFA MANZIL, MOOMANARA POST, TIRURANGADI, MALAPPURAM. 2. THE NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE II, P.B.NO.811, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. ADV. SMT.SARAH SALVY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. = = = = = = = = = = = = == == = = = M.A.C.A. NO. 584 OF 2007 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 16TH DAY OF NOVEMBER, 2009. J U D G M E N T Raman, J. The appellant was the petitioner in O.P. (MV) 1752/2001 before the Principal Motor Accident claims Tribunal, Kozhikode. He was a passenger in a tempo trax which hit against an electric post as a result of which he lost seven teeth and sustained other injuries. Rs. 1l50,000/- was claimed by way of compensation. The Second respondent was the insurer who admitted the policy. The Tribunal found that the accident was as a result of the rash and negligent driving of the tempo trax driver. 2. Based on Exts.A1 to A4 and Ext.C1, the Tribunal found that the petitioner is entitled for an amount of Rs. 39,633/- by way of compensation under various heads. Petitioner's income was fixed as Rs. 1,000/- per month and disability was assessed at 4%. In the absence of any proof regarding age and avocation, '15' was taken as multiplier. The appellant contends that the income fixed is too low, that he was a mason and atleast Rs. 3,000/- should have been fixed as his monthly income. MACA 584/2007 2 But we find that the appellant did not mount the box and there is absolutely no evidence regarding his income. But still we think that fixation of Rs. 1,000/- as income is too low. Hence we fix Rs. 1,500/- as his income. In the absence of any proof regarding age we do not find any reason to interfere with the multiplier of '15' adopted by the Tribunal. In the circumstances, for 4% disability, the appellant is entitled to a further sum of Rs. 3,600/- (10,800 - 7200). For loss of amenities, Rs. 1000/- is given by the Tribunal. The appellant lost seven teeth and he has undergone treatment in the hospital. The appellant suffered lacerated wound on left side of lower tip having 3 x 0.5 cms. size left canine was lost. In the circumstances, the appellant is entitled to an additional amount of Rs. 4,000/- under this head. Even though it is contended that by-stander expense is not granted, considering the nature of the injuries sustained and in the absence of any evidence adduced, we do not think that the appellant is entitled for any compensation under this head. The compensation awarded by the Tribunal under various heads have been re-examined and we find that reasonable compensation has been awarded. 3. In the result, the appellant is entitled to an amount of Rs. 7,600/- (Rupees seven thousand and six hundred) more by way of additional compensation, which will carry interest at 7% from the date of petition till MACA 584/2007 3 payment. The Insurance Company will pay the amount within a period of two months from the date of receipt of a copy of this judgment. The appeal is thus allowed in part. P.R. RAMAN, (JUDGE) P.R. RAMACHANDRA MENON, (JUDGE) KNC/-