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 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 MACA.No. 1611 of 2005() ----------------------------- OPMV.2603/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/CLAIMANT --------------------------- K.D.SUDHAKARAN, S/O.DAMODHARAN, KARIPPAYIL HOUSE, ST.GEORGE ORTHODOX CHURCH STREET, ETTUMANOOR.P.O., KOTTAYAM. BY ADV. SRI.SANTHOSH MODAYIL RESPONDENT(S):RESPONDENTS ------------------------------------- 1. SIVA RAMAN, S/O.CHINNAPPAN, ODIKULATHUKUNNU HOUSE, HIGH SCHOOL PADI BHAGOM, ANAMANGAD, PERINTHALMANNA VILLAGE. 2. JAYAKUMAR, 136 J, PALANIYAPPA COLONY, ANNATHANAPATTY, SELAM-2. 3. UNITED INDIA INSURANCE CO. LTD., SELAM. R3 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1611 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 12th day of November, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No. 2603 of 2001 on the file of the Motor Accidents Claims Tribunal, Kottayam. In this appeal under section 173 of the Motor Vehicles Act the claimant challenges the quantum of compensation awarded by the Tribunal by judgment and award dated December 6, 2004 for the loss caused to him on account of the injuries sustained by him in a motor accident that occurred on May 22, 2001 at about 8.30 p.m. at Vedagiri on Kumaranalloor – Ettumanoor public road. 2. The claimant sustained abrasion (Rt.) knee 5 x 5 cm., abrasion (Rt.) elbow 7 x 5 cm. and type II open fracture medial malleolus (L). The accident happened while he was riding his motor cycle bearing registration No.KL-5/J 8302 MACA 1611/2005 2 he was knocked down by a truck bearing registration No.TN 27/5833, driven by the 1st respondent. Alleging negligence against the 1st respondent (driver of the truck), he filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.4 lakhs against respondents 1 to 3, the driver, owner and insurer respectively of the offending truck. 3. Respondents 1 and 2, driver and owner of the offending truck, remained absent before the Tribunal. The 3rd respondent, insurer of the offending truck, filed a written statement admitting the policy and also attributed negligence to the claimant. 4. Claimant was examined as PW1 and Exts.A1 to A12 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 occurred due to negligence of the 1st respondent and awarded a compensation of Rs.75,500/- with interest @ 6% p.a. from the date of petition till realization and a cost of Rs.3,500/-. MACA 1611/2005 3 The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the 1st respondent, driver of the offending truck, is not seriously 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.75,500/-. Break up of the compensation awarded is as under:- Medical bill : Rs.13,000/- Extra nourishment and : Rs. 5,000/- attendant's expenses. Transport to hospital and : Rs. 2,500/- damage to clothing. Leave availed on account of : Rs.19,000/- injuries sustained . Pain and suffering : Rs.11,000/- Permanent partial disability : Rs.11,000/- Disfigurement : Rs. 7,000/- MACA 1611/2005 4 Loss of amenities : Rs. 7,000/- and enjoyment in life. ------------------ Total : Rs.75,500/- ======= 8. The learned counsel for the appellant/claimant has mainly sought enhancement of compensation for the disability caused and for the pain and suffering endured by the claimant. 9. The Tribunal awarded a compensation of Rs.11,000/- for the disability caused. The claimant was a Higher Grade Warden of Sub Jail, Meenachil and was drawing net salary of Rs.4,700/- and gross salary of Rs.6,591/-, which is proved by Ext.A11 certificate issued by his Controlling Officer. Taking into consideration the above aspect, we feel that for the purpose of assessing compensation for the disability caused, his monthly income can reasonably be fixed at Rs.3,000/-. The claimant suffered permanent disability of 12%, as evidenced by Ext.A12, the certificate of disability. The claimant has now the following disabilities:- MACA 1611/2005 5 1) Existence of extensive scarring and adhesions of skin over the left leg with ugly area. 2) Restriction in movement due to partial ankylosis and limitation in knee movements both plantar and dorsi flexion apart from evidence of early osteo arthritis. Considering the above aspect, we are of the view that his percentage of disability can reasonably be fixed at 8%. As the claimant was aged 45, multiplier of 13 would be reasonable. Thus calculated for the disability causes, the claimant is entitled to a compensation of Rs.37,440/- (Rs.3,000/- x 12 x 13 x 8/100). Thus the claimant is entitled to an additional compensation of Rs.26,440/- on this count. 10. The Tribunal awarded a compensation of Rs.11,000/- for the pain and suffering endured by the claimant. Taking into account the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.20,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. MACA 1611/2005 6 11. In the result, the claimant is found entitled to an additional compensation of Rs.35,440/-. The Tribunal awarded interest only @ 6% per annum, which appears to be very low. He is entitled to interest @ 7.5% per annum from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. The 3rd respondent, insurer of the offending truck, shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. The award is modified to the above extent. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn