IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 MACA.No. 67 of 2005() --------------------- OPMC.1699/1995 of M.A.C.T., PALAKKAD .................... APPELLANT/PETITIONER: ----------------------------------- P.M.JACOB, S/O.MATHEW,AGED 61 YEARS, R/A. PULLAN HOUSE, ADIMALY, IDUKKI DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SMT.A.S.BEENU SRI.M.V.BIPIN RESPONDENTS/ RESPONDENTS: --------------------------- 1. M.M.JOSEPH, S/O.ISSAC MATHAI, MANALIL HOUSE, AGE NOT KNOWN, NJARACKAL P.O. PUNALUR, KOLLAM DISTRICT, DIRVER OF THE K.S.R.T.C. BUS BEARING REG. KL-15/1574. 2. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BAHVAN, FORT P.O. THIRUVANANTHAPURAM. ADV. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC FOR R2 SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.67 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1699/1995 on the file of Additional Motor Accidents Claims Tribunal, Palakkad. In this appeal, he challenges the judgment and award of the Tribunal dated August 31, 2004 awarding a compensation of Rs.1,58,250/- 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 August 30, 1994 : 1. Lacerated injury upper part of ( Lt) leg. 2. Lacerated injury on left side of face 2 x 1 x1 cms. 3. Lacerated injury on left eye 1 x 1 cm. 2. The accident happened while the claimant was travelling in a KSRTC bus bearing Reg.No.KL-15/1574 driven by the first respondent. Due to the negligence of the driver of the bus, it dashed against the back side of the lorry bearing Reg.No.KRF 6829. Alleging negligence against the first respondent, the claimant filed the MACA.No.67/2005 2 O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 6,25,000/-. 3. Respondents 1 and 2, the driver and the insurer of the offending bus filed written statements admitting the policy, but attributed negligence to the driver of the lorry. 4. Pws 1 and 2 were examined and Exts.A1 to A15 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending bus by first respondent and awarded a compensation of Rs. 1,58,250/- with interest @ 9% per annum from the date of petition till realisation and a cost of Rs. 1,000/-. 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 MACA.No.67/2005 3 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.1,58,250/-. The break up of the compensation amount awarded is as under: Loss of earnings - Rs. 17,500/- Transport charges - Rs. 3,000/- Damage to clothing - Rs. 250/- Extra nourishment - Rs. 5,000/- Bystander expenses - Rs. 10,000/- Medical expenses - Rs. 53,000/- Pain and suffering - Rs. 15,000/- Disability - Rs. 49,500/- Loss of amenities - Rs. 5,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused and for loss of amenities and enjoyment of life. 9. The Tribunal took the monthly income of the claimant as Rs.1,500/- and took the percentage of disability as 25% and adopted a multiplier of 11 and awarded Rs. 49,500/- for the disability caused. According to the claimant, he was an agriculturist earning Rs. 5,000/- MACA.No.67/2005 4 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/-. The percentage of disability as 25% and the multiplier as 11 taken by the Tribunal are not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 66,000/- ( 25% x 2000 x 12 x 11). Thus on this count, the claimant is entitled to an additional compensation of Rs.16,500/-. 10. The Tribunal awarded Rs.15,000/- for pain and suffering endured, Rs. 5,000/- for loss of amenities and enjoyment in life and Rs. 3,000/- towards transport charges. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 20,000/- for pain and suffering endured and Rs. 10,000/- for loss of amenities and enjoyment in life would be reasonable. The claimant was treated at Appolo Hospital, Madras. Therefore, Rs. 10,000/- would be reasonable towards transport charges. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 33,500/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. MACA.No.67/2005 5 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.67/2005 6