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 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 MACA.No. 1613 of 2008() ----------------------- OPMV.683/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ ABOOBACKER, AGED 27, S/O.BEERANKUTTY, AKKAREKARA VEEDU, ELATHU POST, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): RESPONDENTS -------------------------- 1. K. SHIMJITH, AGED 35, S/O.SANKARA KURUP.N, ULLISSERY KUNNU, NALLALAM POST, KOZHIKODE. 2. M. THULASIDAS, S/O.K.C. UNNEERI, AGARIMA HOUSE, KIZHAKKECHEROTT, KAKKODI POST, KOZHIKODE. 3. THE NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICER - II, NOOR COMPLEX, MAVOOR ROAD, NEAR ARAYADATHU PALAM, KOZHIKODE. ADV. SMT.SARAH SALVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1613 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.683/2001 on the file of Motor Accidents Claims Tribunal, Kozhikode. In this appeal he challenges the judgment and award of the Tribunal dated September 6, 2007 awarding a compensation of Rs.31,459/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained fracture to both bones of right leg in that accident that occurred on November 12, 2000 at about 7.30 p.m. 2. The accident happened while the claimant was walking along Elathur-Korapuzha road. When he reached in front of the Homeo Hosptial, he was knocked down by a Maruthi car bearing Reg.No.KL-11-F 2838 driven by the first respondent. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 1,50,000/-. 3. Respondents 1 and 2, the driver and the owner of the offending car remained absent before the Tribunal. The third MACA.No.1613/2008 2 respondent, the insurer of the offending car filed a written statement admitting the policy. 4. Exts.A1 to A6 series, Ext.X1 and Ext.C1 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third 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. 31,459/- with interest @ 7 %per annum from the date of petition till realisation. 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 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.31,459/-. The break up of the compensation amount awarded is as under: MACA.No.1613/2008 3 Medical bills - Rs. 4599/- Incidental charge - Rs. 1000/- Pain and suffering - Rs.10,000/- Disability - Rs.15,360/- Transportation - Rs. 500/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused. He pointed out that no compensation was awarded for loss of amenities and enjoyment of life. 9. The Tribunal took the monthly income of the claimant as Rs.1,000/- and took the percentage of disability as 8% and adopted a multiplier of 16 and awarded Rs. 15,360/- for the disability caused. According to the claimant, he was a tailor and coolie aged 19 earning Rs.2,500/- per month.. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 2,000/-. In Ext.C1 disability certificate, the doctor has assessed the percentage of disability at 14%. Taking into consideration the disabilities caused to the claimant, we feel that the percentage of disability can be fixed at 10%. The multiplier of 16 taken by the Tribunal is not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.38,400/- ( 10% x 2000 x 12 x 16). Thus on this count, the claimant is entitled to an additional compensation of Rs.23,040/-. MACA.No.1613/2008 4 10. No compensation is seen awarded for loss of amenities and enjoyment in life. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensated of Rs. 10,000/- 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. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 33,040/-. He is entitled to interest @ 7% 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. MACA.No.1613/2008 5