IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 MACA.No. 1394 of 2005() ----------------------- OPMV.3346/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER: ----------------------------------- SHAJI, S/O. ULAHANNAN, AVULANTHADATHIL HOUSE, WATTYI, KUNDUKKAD P.O., THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS --------------- 1. ABDULKHADER, S/O. HAMZA, PUZHAMBALIYIL HOUSE, PADANILAM P.O., VIA.KUNNAMKULAM. 2. SIDIQUE, S/O. MOHAMMED, ERAKKEMANNIL HOUSE, NEAR ARAMPURAM MUSLIM CHURCH, MADAVOOR, KOZHIKODE. 3. THE NEW INDIA ASSURANCE CO.LTD., B.O. CHEROOTTY ROAD, CALICUT. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 1394 of 2005 ------------------------------------------------------ Dated: MAY 17, 2010 JUDGMENT Barkath Ali, J. In this appeal under sec.173 of the Motor Vehicles Act the claimant in OP(MV) 3346/2000 of the Motor Accidents Claims Tribunal, Thrissur, challenges the judgment and award of the Tribunal dated April 27, 2005 awarding a compensation of Rs.1,76,800/- with interest at 6% per annum from the date of petition till realisation for the loss caused to the claimant on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal in brief are these: The claimant was aged 26 at the time of the accident and used to earn Rs.4500/- per month as driver of a bus, according to the claimant. On April 22, 2000 at about 3 a.m. the claimant was travelling in a jeep bearing registration No.KCE 4334 along NH 47 and when he reached at Kodakara, a lorry bearing registration No. KL-11/A 9579 came at a high speed and collied with the jeep. The claimant sustained serious injuries. According to the claimant the accident occurred due to the rash and negligent driving of the offending lorry by the 2nd respondent. 3. Respondents 1 and 2, the owner and the driver of the M.A.C.A. 1394 of 2005 2 offending lorry, remained absent and were set ex parte by the Tribunal. The 3rd respondent as the insurer of the offending lorry filed a written statement admitting the policy, but contending that there was no negligence on the part of the 2nd respondent. 4. This O.P. was jointly tried along with another OP filed by another passenger of the jeep and a common award was passed. PWs.1 and 2 were examined and Exts.A1 to A22 series were marked on the side of the claimant before the Tribunal. On the side of the contesting 3rd respondent Ext.B1 copy of the policy was marked. On an appreciation of evidence the Tribunal awarded a compensation of Rs.1,76,800/-. 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 2nd 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 claimant sustained the following injuries as revealed from Ext.A2, copy of the wound certificate, issued from the hospital:- M.A.C.A. 1394 of 2005 3 “head injury, deformity to right forearm bleeding, lacerated injury over right occipital area cut injury on left forehead, abrasion left knee, joints, compound fracture both bones right forearm, dislocation of inferior ulnar region.” Ext.A6 is the discharge summary issued from Thrissur Heart Hospital. He was laid up there from April 22, 2000 to May 5, 2000. Ext.A7 certificate is issued from the Medical College Hospital showing that the claimant has a disability of 18%. 8. The Tribunal awarded a total compensation of Rs.1,76,800/-. The break up of the compensation awarded is as under:- Loss of earnings for six months - Rs.18,000/- Medical and allied expenses - 72,000/- pain and suffering - 12,000/- loss of amenities of life - 10,000/- permanent disability - 64,800/- 9. Counsel for the claimant sought enhancement of the compensation for the disability caused. The Tribunal took the income of the claimant as Rs.150/- per day as a bus driver i.e. Rs.3000/- per month and assessed the percentage of disability as 10% and adopted a multiplier of 18 and awarded Rs.64800/- for the disability caused. But taking into consideration the fact that the claimant was a bus M.A.C.A. 1394 of 2005 4 driver, we feel that his monthly income can be reasonably estimated at Rs.3000/-. The multiplier adopted by the Tribunal as 18 is not seriously challenged. The Tribunal took the percentage of disability at 10% even though the percentage of disability was assessed as 15% in Ext.A20. Taking into consideration all these aspects we feel that the percentage of disability noted in Ext.A20 can be accepted. Thus calculated, for the disability caused the claimant is entitled to a compensation of Rs.97,200/-(15% of 3000 x 12 x 18). Thus, on this count the claimant is entitled to an enhanced compensation of Rs.32,400/-. 10. For the pain and suffering endured by the claimant, the Tribunal awarded a compensation of Rs.12,000/- which appears to be very low. Taking into consideration the nature of the injuries sustained, we feel that a compensation of Rs.20,000/- would be reasonable on this count. Thus, on this count he is entitled to an additional compensation of Rs.8,000/-. 11. For the loss of amenities/enjoyment of life, the Tribunal awarded a compensation of Rs.5000/-. As the claimant has lost his right eye, we feel that a compensation of Rs.10,000/- would be reasonable on this count. 12. Thus, the claimant is entitled to an additional M.A.C.A. 1394 of 2005 5 compensation of Rs.45,400/-. 13. There is another aspect in this case. The Tribunal awarded interest only at 6% per annum which appears to be very low. Therefore the claimant is entitled to interest at 7.5% per annum from the date of petition till realisation of the compensation already awarded and for the enhanced compensation. The claimant is entitled to proportionate cost. The 3rd 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 mt/-