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 8TH JULY 2010 / 17TH ASHADHA 1932 MACA.No. 1854 of 2005() ----------------------- OPMV.905/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL (PRINCIPAL), KOZHIKODE .................... APPELLANT/PETITIONER. ----------------------------------- V.P.SASI @ SASEENDRAN, S/O.BALAN, AGED 30 YEARS, ANNATH PARAMBA, NORTH OF KSRTC MAVOOR ROAD, CALICUT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SRI.K.B.SAJEESH SRI.P.GOPINATH SRI.C.S.SUNIL SMT.C.G.PREETHA SRI.M.PRAVEESH RESPONDENT(S): RESPONDENTS. --------------------------- 1. THANKACHAN MATHAI, S/O.CHACKO, POONCHOLAYIL HOUSE,THIRUNELLY, SULTHAN BATHERY. 2. JOSHY CYRIAC, S/O.V.A. CYRIAC, ADVOCATE, 39/96 CHEEMAPUNGAL VEEDU, KALPETTA NORTH, KALPETTA. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, KALPETTA 673 121. ADV. SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 1854 of 2005 ------------------------------------------------------ Dated: JULY 8, 2010 JUDGMENT Barkath Ali, J. In this appeal under sec.173 of the Motor Vehicles Act the claimant in OP(MV) 905/1996 on the file of the Motor Accidents Claims Tribunal (Principal), Kozhikode, challenges the judgment and award of the Tribunal, dated, June 15, 2005 awarding a compensation of Rs.63,500/- for the loss caused to the claimant on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these: On January 1, 1996 at about 11 p.m. the claimant was standing in front of TVS company on the Mavoor road, Kozhikode, talking to his friend. At that time a Maruthi van bearing registration No.KBR 2992 came at a high speed and knocked him down. The claimant sustained serious injuries. According to the claimant the accident occurred due to the negligence on the part of the driver of the Maruthi van, the 2nd respondent. The 1st respondent as the owner, the 2nd respondent as the driver and the 3rd respondent as the insurer of the offending van are jointly and severally liable to pay compensation to the claimant. He claimed a compensation of Rs.2,50,000/-. M.A.C.A.1854 of 2005 2 3. Respondents 1 and 2, the owner and the driver of the offending Maruthi van remained absent before the Tribunal. The 3rd respondent, insurer of the offending van, filed a written statement admitting the policy. 4. PW.1 was examined and Exts.A1 to A5, X1 and C1 were marked on the side of the claimant before the Tribunal. No evidence was adduced on the side of the contesting 3rd respondent. On an appreciation of evidence the Tribunal awarded a compensation of Rs.63,500/- with interest @ 7% per annum from the date of petition till realisation and a cost of Rs.800/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the 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 Medical College Hospital, Kozhikode. M.A.C.A.1854 of 2005 3 “crush injury on both foot and fracture of cuboid, lacerated wound of 4 x 2 x 1 cm over upper lip and laceration of 3 x1 x 1 cm on forehead. Ext.A3 is the index card, Ext.A4 is referal OP ticket and Ext.X1 is the case sheet summoned from the Medical College Hospital, Kozhikode. Ext.C1 is the report of the Medical Board. It shows that the claimant has suffered a permanent disability of 3%. 8. The Tribunal awarded a total compensation of Rs.63,500/-. The break up of the compensation awarded is as under:- pain and suffering - Rs.20,000/- hospital, bystander's and medical expenses - 11,000/- incidental expenses - 4,000/- damage to clothing - 250/- further treatment - 2,000/- loss of earning for 6 months - 9,000/- disability - 9,180/- loss of amenities - 8,000/- ------------------- 63,430/- rounded off - 63,500/- =========== 9. The Counsel for the claimant sought enhancement of the compensation awarded for the disability caused. The Tribunal took the monthly income of the claimant as Rs.1500/-, adopted a multiplier of 17 and took the disability as 3% as shown in Ext.C1 and awarded M.A.C.A.1854 of 2005 4 Rs.9180/- for the disability caused. As the claimant claims to be a Painter aged 30 earning Rs.4500/- per month, we feel that his monthly income can be reasonably fixed as Rs.2000/-. The percentage of disability as well as the multiplier adopted by the Tribunal is not seriously challenged. Thus calculated, for the disability caused, the claimant is entitled to a compensation of Rs.12,240/- (2000 x 12 x 17 x 3%). As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 10. Thus the claimant is entitled to an additional compensation of Rs.3060/-. He is entitled to interest @ 7% per annum from the date of petition till realisation and 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/-