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 9TH JULY 2010 / 18TH ASHADHA 1932 MACA.No. 2052 of 2005() ----------------------- OPMV.1530/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- JUSTIN, S/O.ANTO, RESIDING AT CHIRAYATH HOUSE, P.O.VALARKKAVU, THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.SREEKANTH.K.R SRI.JIBU P THOMAS RESPONDENT(S): ------------------------- 1. SMT. ALICE JOSE,W/O.JOSE, RESIDING AT OLEKENGIL HOUSE, P.O.AYYANTHOLE, THRISSUR-3. 2. VIJU DAVIS, S/O.DAVIS,RESIDING KONIKKARA HOUSE, P.O.ATTORE, THRISSUR DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LIMITED,ROUND WEST, THRISSUR. 4. K.R.THOMACHAN, RESIDING AT KANJIRA-THINGAL HOUSE,KHANNA NAGAR, KORATTY, THRISSUR DISTRICT. 5. P.V.JOSE, S/O.ANTONY, RESIDING AT POOVATHINGAL HOUSE, P.O.VETTUKAD, PUTHUR, THRISSUR DISTRICT. 6. THE KERALA STATE INSURANCE DEPARTMENT, THRISSUR REPRESENTED BY DISTRICT INSURANCE OFFICER, P.O.AYYANTHOLE, THRISSUR. ADV. SRI.VPK.PANICKER FOR R3 GOVERNMENT PLEADER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK A. K. BASHEER & P.Q. BARKATH ALI, JJ. --------------------------------------------------- M.A.C.A. NO. 2052 OF 2005 ------------------------------------ DATED THIS THE 9TH DAY OF JULY,2010 JUDGMENT -------- Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in OP(MV)No. 1530/2000 on the file of Motor Accidents Claims Tribunal, Thrissur challenges the judgment and award of the Tribunal dated February 2, 2005 awarding a compensation of Rs.3,58,000/- for the loss caused to the claimant on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these: On April 19, 2000 at about 8.15 A.M. at Manapadi, Peramangalam on Thrissur-Kunnamkulam National Highway the bus bearing registration No. KL-8/J-5151, in which the claimant was travelling and a bus bearing registration No.KL-8/D-1116 were collided head on with each other. The claimant who was travelling in the bus bearing registration No. KL-8/J-5151 M.A.C.A. NO. 2052 OF 2005 2 sustained serious injuries. According to the claimant the accident occurred due to the negligence on the part of drivers of both the buses. Respondents 1 to 3 as the owner, driver and insurer of the bus bearing registration No. KL-8/D-1116 and respondents 4 to 6, as the owner, driver and insurer of the bus bearing registration No. KL-8/J-5151 are jointly and severally liable to pay compensation to the claimant. Claimant claimed a compensation of Rs. 7 lakhs. 3. Respondents 1,2,4 and 5, the owners and drivers of both the buses remained absent and were set ex-parte by the Tribunal. Respondents 3 and 6 insurers of the respective buses filed written statement admitting the policy but attributed the negligence to the driver of other bus. 4. This OP was tried along with the other O.Ps filed by other injured persons in the same accident and a common award was passed. Altogether PW1 to PW5 were examined and Exts. A1 to A52 were marked on the side of the claimant. On the side of respondents, Ext.B1 was marked. On an appreciation of evidence, M.A.C.A. NO. 2052 OF 2005 3 the Tribunal found that accident occurred due to the negligence of drivers of both the buses and awarded a compensation of Rs. 3,58,000/- with interest @ 6% per annum from the date of petition till realization and a costs of Rs.7,000/-. 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 companies. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of drivers of both the buses 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.A3, the copy of wound certificate issued from the hospital: (a) Fracture to right scapula (b) Fracture to right rib 4th and (c) Amputation of right upper limb at shoulder level. M.A.C.A. NO. 2052 OF 2005 4 Ext.A7 is the discharge summary card issued issued from West Fort, hospital, Thrissur. It is stated therein that the claimant was admitted as inpatient in the hospital from April 19 to May 2 of 2000. Ext.A8 certificate of disability issued by the above hospital shows that the claimant suffers permanent disability of 50%. 8. The Tribunal awarded a total compensation of Rs.3,58,000/-. The break up of the compensation awarded is as under: For loss of earnings : Rs. 18,000 (for 6 months) Medical expense including : Rs. 28,000 expenses for transportation and bystander For pain and suffering : Rs. 12,000 For loss of amenities : Rs. 12,000 Disability caused : Rs.2,88,000 ---------- Total: : Rs.3,58,000 ======== 9. The counsel for the claimant sought enhancement of the compensation for the disability caused, for loss of amenities and M.A.C.A. NO. 2052 OF 2005 5 enjoyment of life, for pain and suffering and for future treatment expenses. The Tribunal took the monthly income of the claimant as Rs. 3,000 and took the disability assessed by the Medical Board in Ext.A10 as 50% and adopted a multiplier of 16 and awarded a compensation of Rs.2,88,000/-(3000 x 12 x 16 x 50%) for the disability caused. 10. Taking into consideration the fact that the claimant was aged 19 at the time of accident and was a Sales man in M/s. Bharath Body Works and that his right arm was amputated, we feel that the percentage of disability can be reasonably fixed as 70%. The income of the claimant thus, calculated for the disability caused, claimant is entitled to a compensation of Rs.4,03,200/- (3000 x 12 x 16 x 70%). Thus, on this count, the claimant is entitled to an additional compensation of Rs. 1,15,200/-. 11. The Tribunal awarded Rs. 12,000/- for pain and suffering endured by the claimant which appears to be very low. Taking into consideration the amputation of right upper limb at shoulder level M.A.C.A. NO. 2052 OF 2005 6 of the claimant, we feel that a compensation of Rs. 25,000/- would be reasonable on this count. Thus, the claimant is entitled to an additional compensation of Rs. 13,000/- on this count. 12. The Tribunal awarded Rs. 12,000/-for loss of amenities and enjoyment of life which is, in our view, quite inadequate. Taking into consideration of serious nature of injuries sustained by the claimant, we feel that for loss of amenities and enjoyment of life a compensation of Rs. 25,000/- would be adequate. Thus, the claimant is entitled to an additional compensation of Rs. 13,000/- on this count. 13. There is an another aspect in this case. The claimant has spent considerable amount for fitting artificial limb. Therefore, for future expense a compensation of Rs. 50,000/-would be reasonable. 14. As regards compensation awarded under other heads, we find the same to be reasonable. Therefore, we are not disturbing the same. M.A.C.A. NO. 2052 OF 2005 7 Thus, the claimant is entitled to an additional compensation of Rs. 1,91,200/-. The claimant is entitled to interest @ 6% per annum from the date of petition till realization. The 3rd and 6th respondents being the insurers of offending vehicles shall equally 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 M.A.C.A. NO. 2052 OF 2005 8 PKK M.A.C.A. NO. 2052 OF 2005 9 M.A.C.A. NO. 2052 OF 2005 10 M.A.C.A. NO. 2052 OF 2005 11