IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 MACA.No. 40 of 2007() --------------------- OPMV.1412/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- KANNAN, S/O. KRISHNAN, THARAPPADAM VEEDU, NENMENI P.O., KOLLANGODE, CHITTOOR TALUK. BY ADV. SRI.C.RAGHAVAN RESPONDENTS/RESPONDENTS: --------------------------- 1. V.T. BENOY, S/O. THOMAS, KOCHAPLAKKAL VEEDU, ANAVIKKADU, THRISSUR. 2. AJAYKHOSH, S/O.KRISHNANKUTTY, KOOTTALA VEEDU, VADUKKARA P.O., KOORKKANCHERRY, THRISSUR. 3. ORIENTAL INSURANCE COMPANY LTD., 2ND FLOOR, T.D. BUILDING, P.B.NO.158, ROUND WEST, THRISSUR. 4. T. NASSAR, S/O. HAIDRU, THAYYIL VEEDU, P.O. PANGU, SOUTH KOLATHURI. ADV. DR.ELIZABETH VARKEY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.40 OF2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of June, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1412/1998 on the file of Motor Accidents Claims Tribunal, Palakkad. In this appeal he challenges the judgment and award of the Tribunal dated August 30, 2006 awarding a compensation of Rs.20,600/- 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 June 24, 1998 at about 9 p.m.: Lacerated wound over forehead and bridge of nose 1 x 1 cm. and 3 x 2 cm. size, fracture nasal bone, contusion of both eye lids. C.T. scan revealed heamorrhagic contusions right frontal lobe. 2. The accident happened while the claimant was travelling in an autorickshaw bearing Reg.No.KL.10C/7243 from Kottakkal to Puthanathani. When he reached at Randathani, the autorickshaw MACA.No.40/2007 2 dashed against the lorry bearing Reg.No.KBE 3787 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. 1,43,300/-. 3. Respondents 1 to 3 are the driver, owner and insurer of the offending lorry. Respondent No.4 is the driver of the autorickshaw involved in the accident. Respondents 1 and 2 though entered appearance before the Tribunal did not file any written statement. The fourth respondent remained absent before the Tribunal. The third respondent, the insurer of the offending lorry filed a written statement admitting the policy, but attributed negligence to the driver of the autorickshaw. 4. PW1 was examined and Exts.A1 to A7 and Ext.X1 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending lorry by first respondent and awarded a compensation of Rs. 20,600/- with interest @ 6% per annum from the MACA.No.40/2007 3 date of petition till realisation and proportionate cost against respondents 1 to 3. 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.20,600/-. The break up of the compensation amount awarded is as under: Damage to clothing - Rs. 500/- Treatment expenses - Rs.5,000/- Loss of earnings - Rs.2,250/- Pain and suffering - Rs.8,000/- Loss of amenities - Rs.3,000/- Transportation - Rs.1,700/- Extra nourishment - Rs. 50/- Attendant expenses - Rs. 100/- 8. Counsel for the claimant pointed out that no compensation MACA.No.40/2007 4 has been awarded for the disability caused. He sought enhancement of compensation for the pain and suffering endured and for loss of amenities and enjoyment of life. 9. The Tribunal did not award any compensation for the disability caused on the ground that no document is produced to prove the same. But it is seen from the records that Ext.X1 certificate of the Medical Board has been obtained wherein his percentage of disability is shown as 10%. He has now the following disabilities : Partial ankylosis of ( R) shoulder and malunion of fracture clavicle ( R) side. 10. Therefore, we are of the view that he is entitled to compensation for the disability caused. Taking into consideration the nature of the disabilities caused to the claimant, we feel that the percentage of disability of 10% assessed by the Medical Board appears reasonable. The Tribunal took the monthly income of the claimant as Rs.1,500/-. According to the claimant, he was working as a Spray Painter and used to earn Rs.3,500/- per month. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 2,500/-. As the claimant was MACA.No.40/2007 5 aged 30 at the time of accident, a multiplier of 17 would be reasonable in this case. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 51,000/- ( 10% x 2500 x 12 x 17). 11. The Tribunal awarded Rs.3,000/- for loss of amenities and enjoyment in life and Rs. 8,000/- for pain and suffering endured by the claimant which appear to be very low. Having regard to the nature of the injuries sustained by the claimant and the disabilities caused to him, we feel that a compensation of Rs. 15,000/- for loss of amenities and enjoyment in life and another Rs.15,000/- 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 MACA.No.40/2007 6 compensation of Rs. 70,000/-. He 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 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.40/2007 7