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 14TH JUNE 2011 / 24TH JYAISHTA 1933 MACA.No. 2047 of 2005() ----------------------- ( O.P.(MV)NO.1310/2001 OF MACT,KOTTAYAM) APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- K.AJITH KUMAR, RESIDING AT `MADHUVIHAR', POONITHURA P.O., ERNAKULAM. BY ADV. SRI.V.CHITAMBARESH RESPONDENTS/RESPONDENTS --------------- 1. RAJU THOMAS, RESIDING AT KONDODICKAL HOUSE, RUBY NAGAR, CHANGANACHERRY P.O. 2. V.K.SASI @ SAJI, S/O.KUNJARUKAN, RESIDING AT VADAKKETHADATHIL VEEDU, PALAKUZHA, KOOTHATTUKULAM P.O. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, KOTTAYAM. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2047 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of June, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1310/2001 on the file of Motor Accidents Claims Tribunal, Kottayam. In this appeal he challenges the judgment and award of the Tribunal dated February 11, 2005 awarding a compensation of Rs.2,68,673/- 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 December 12, 2000 : Deep lacerated injuries over the face and supra orbital region. CT scan revealed fracture of diffused axonal injury and bilateral frontal subdural hygroma. There was liver contusion also. 2. The accident happened while the claimant was riding his motor bike bearing Reg.No.KL 7G/9054 from Kottayam to Ammancheri along Athirampuzha-Medical College road. When he reached at Kurusupally junction, he was knocked down by a stage MACA.No.2047/2005 2 carriage bus bearing Reg.No.KL5F/4678 driven by the second respondent. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 7,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending bus remained absent before the Tribunal. The third respondent, the insurer of the offending bus filed a written statement admitting the policy. 4. Pws 1 to 3 were examined and Exts.A1 to A8 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 bus by second respondent and awarded a compensation of Rs. 2,68,673/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.3,500/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA.No.2047/2005 3 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 second 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.2,68,673/-. The break up of the compensation awarded is as under : Medical expenses - Rs.86,673/- Extra nourishment - Rs. 5,000/- Transportation & damage to clothing - Rs. 5,000/- Loss of income - Rs.25,000/- Pain and suffering - Rs.18,000/- Injury compensation - Rs.25,000/- Disability - Rs.75,000/- Loss of amenities - Rs.14,000/- Shortened expectation of life - Rs.15,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. 9. The Tribunal awarded Rs.75,000/- for the disability caused to the claimant. The claimant produced Ext.A12 disability certificate MACA.No.2047/2005 4 which shows that he has a disability of 25%. He has now the following disabilities : Speech abnormality Dysarthria-present - 10% Gait Apraxia left side Mild defect in tandem walking - 5% Easily getting angry Mild memory deficit for recent memory - 5% Risk of developing post traumatic epilepsy - 5% Disability assessed - 25% 10. The claimant was an employee of Indian Cements Ltd. drawing a salary of Rs.9,671/- as proved by Ext.A13, his salary certificate. Taking into consideration the above aspect and also the loss of his future prospects of promotion, we feel that his monthly income can be reasonably fixed at Rs.4,000/-. As he was aged 38 years, the multiplier of 17 would be reasonable in this case. Taking into consideration the nature of the disabilities caused to the claimant as stated in Ext.A12 certificate, we feel that his percentage of disability can be reasonably fixed at 20%. Thus calculated for the disability MACA.No.2047/2005 5 caused, the claimant is entitled to a compensation of Rs. 1,63,200/- ( 20% x 4000 x 12 x 17). Thus on this count, the claimant is entitled to an additional compensation of Rs.88,200/-. 11. The Tribunal awarded Rs.14,000/- for loss of amenities and enjoyment in life and Rs.18,000/- for pain and suffering endured by the claimant. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 24,000/- for loss of amenities and enjoyment in life and Rs.28,000/- for pain and suffering endured would be reasonable. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 12. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum which appears to be very low. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. 13. In the result, the claimant is found entitled to an additional compensation of Rs. 1,08,200/-. He is entitled to interest @ 7.5% per MACA.No.2047/2005 6 annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation 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.2047/2005 7