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 1ST MARCH 2011 / 10TH PHALGUNA 1932 MACA.No. 1738 of 2010() ----------------------- OPMV.1259/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONER ------------------------ NIDISH, S/O. BALAN, KALARIKKAL HOUSE, MULAKUNNATHUKAVU.P.O. THRISSUR DISTRICT. BY ADV. SRI.T.C.SURESH MENON RESPONDENTS/RESPONDENTS --------------- 1. JAYARAJAN, S/O. VELAYUDHAN, MEKKATTIL HOUSE, KARUMATHRA.P.O., THRISSUR DISTRICT. 2. THE NATIONAL INSURANCE COMPANY LTD., P.B.NO.23, MUNICIPAL SHOPPING COMPLEX, NORTH PARAVUR. ADV. SMT.SARAH SALVY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1738 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1259/2005 on the file of Motor Accidents Claims Tribunal, Thrissur. In this appeal he challenges the judgment and award of the Tribunal dated January 30, 2010 awarding a compensation of Rs.49,055/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident that occurred on April 30, 2005 at about 8.45 a.m. : Abrasion on elbow, right ankle, right leg, dorsum of left foot and left knee. X-ray showed fracture of tibia and fibula. 2. The accident happened while the claimant was pillion riding on a scooter bearing Reg.No.KL-8/M 3498 along Thrissur- Wadakkanchery public road. When he reached near Bini Agencies, Mulamkunnathukavu, the scooter dashed against the car bearing Reg.No.KL-9/N 4752 driven by the first respondent. Alleging negligence against the first respondent, the claimant being a minor MACA.No.1738/2010 2 through his next friend mother filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 2,50,000/-. 3. Respondent No.1, the owner-cum-driver of the car filed a written statement admitting the accident, but attributed negligence to the claimant. The second respondent, the insurer of the offending car filed a written statement admitting the policy. 4. Exts.A1 to A8 series were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting second respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending car by first respondent and awarded a compensation of Rs. 49,055/- with interest @ 8% per annum from the date of petition till realisation and proportionate cost. 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.1738/2010 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 Tribunal awarded a total compensation of Rs.49,055/-. The break up of the compensation amount awarded is as under: Transportation - Rs. 1000/- Extra nourishment - Rs. 1,500/- Damage to clothing - Rs. 500/- Treatment exp. - Rs.22,305/- Bystander exp. - Rs. 2,000/- Pain and suffering - Rs.15,000/- Disability - Rs. 6,750/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. 9. The Tribunal took the annual income of the claimant as Rs.15,000/- and took the percentage of disability as 3% and adopted a multiplier of 15 and awarded Rs. 6,750/- for the disability caused. The claimant was a boy aged 14 at the time of the accident. He has suffered a disability of pain at the fracture site of Tibia, malunion of fibula, stiffness of right ankle and right knee as seen from Ext.A8 certificate of disability issued by the Assistant Professor of Orthopaedics Department, Medical College Hospital, Thrissur. Therefore, we feel that his percentage of disability can be assessed at 8%. The annual MACA.No.1738/2010 4 income taken by the Tribunal as well as the multiplier adopted as 15 appears reasonable. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 18,000/- ( 8% x15000 x 15). Thus on this count, the claimant is entitled to an additional compensation of Rs.11,250/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 10. In the result, the claimant is found entitled to an additional compensation of Rs. 11,250/-. He is entitled to interest @ 8% per annum from the date of petition till realisation 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. 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