IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 MACA.No. 108 of 2005() --------------------------------- OP(MV).1805/1995 of IST ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------------------------ P.ASSAIN, S/O.ABOOBACKER, AGED 23 YEARS, PURAYIL HOUSE, KODUVALLY P.O., KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------------------- 1. EDAVALAKANDY NOUSHAD, S/O.ABDUREHIMKUTTY HAJI, AGED 24 YEARS, PADANILAM P.O., KUNNAMANGALAM, KOZHIKODE DISTRICT. 2. M/S.UNITED INDIA INSURANCE COMPANY LTD., CITY BRANCH OFFICE, IIND FLOOR, SEEMA TOWERS, BANK ROAD, MAVOOR ROAD JUNCTION, CALICUT. R2 BY ADVS. SRI.J.MATHAPPAN SRI.AGINOV MATHAPPAN SMT.K.SHERIN MOHAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A No. 108 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 3rd day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.1805 of 1995 on the file of the First Addl. Motor Accidents Claims Tribunal, Kozhikode. In this appeal he challenges the judgment and award of the Tribunal dated October 13, 2004 awarding a compensation of Rs.54,680/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on April 9, 1995 at about 2.45 a.m. While the claimant was traveling in a jeep bearing registration No.KL-11/B 6185, due to the excessive speed, he was thrown out of the jeep. He sustained Grade-III compound comminuted fracture both bones of left leg and extensive crush injury on the left leg. Alleging negligence against the 1st respondent driver of the jeep, the claimant filed the O.P. before the Tribunal under section 173 of the MACA 108/2005 2 Motor Vehicles Act claiming a compensation of Rs.1,50,000/- 3. The 1st respondent owner-cum-driver of the offending jeep filed a written statement admitting the accident but denied the liability. The 2nd respondent insurer of the offending jeep filed a written statement admitting the insurance policy of the vehicle. Exts.A1 to A5 series and Ext.X1 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident happened due to negligence of the 1st respondent driver of the offending jeep and awarded a compensation of Rs.54,68/- with interest at 9% p.a. from the date of petition till realization. The claimant has come up in appeal challenging the quantum of compensation. 4. Heard learned counsel for the appellant/claimant and learned counsel for the Insurance Company. 5. The finding of the Tribunal that the accident occurred due to the negligence of the 1st respondent driver MACA 108/2005 3 of the offending jeep is not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 6. The Tribunal awarded a total compensation of Rs.54,680/-. Break up of the compensation amount awarded is as under:- Loss of earnings : Rs. 4,500 Transport to hospital : Rs. 500 Extra nourishment : Rs. 1,000 Treatment expenses : Rs.12,000 Bystander expenses : Rs. 1,000 Pain and suffering : Rs.10,000 Loss of amenities : Rs. 3,000 Disability : Rs.22,680 ------------------ Total : Rs. 54,680 ======= 7. Learned counsel for the claimant sought enhancement of the compensation for the disability caused and on other heads. 8. The Tribunal took the monthly income of the claimant as Rs.1,500/-, took the percentage of disability as 7% as certified by the Medical Board, adopted a multiplier MACA 108/2005 4 of 18 as the claimant was aged 24 at the time of the accident and awarded a compensation of Rs.22,680/- for the disability caused. As the claimant claims to be a Mason, we feel that his monthly income can reasonably be fixed at Rs.1,750/-. Percentage of disability as 7% and multiplier adopted by the Tribunal as 18 appear to be reasonable. Thus the claimant is entitled to a compensation of Rs.26,460/- for the disability caused. Thus the claimant is entitled to an additional compensation of Rs.3,780/- on this count. 9. Rs.3,000/- was awarded for loss of amenities and enjoyment in life. Taking in to consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.10,000/- would be reasonable for the loss of amenities and enjoyment in life. 10. There is another aspect in this case. The Tribunal awarded Rs.4,500/- for the loss of earnings for three months at the rate of Rs.1,500/- per month. As we have found his monthly income as Rs.1,750/-, the claimant is entitled to MACA 108/2005 5 Rs.5,250/- on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore not disturbing the same. 11. In the result, the claimant is found entitled to an additional compensation of Rs.11,530/- with interest @ 7.5% from the date of petition till realization. The 2nd respondent/Insurance Company is directed to 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.