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 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 MACA.No. 1875 of 2006() ----------------------- OPMV.129/1999 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- JOHN.M.CHANDY, S/O.LATE M.MATHEW, HOUSE NO. 5.2592, NEAR MUTHAPPANKAVU, P.O.ERANHIPPALAM, CALICUT 673006. NOW RESIDING AT AYMANANAM P.O. KOTTAYAM 15. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): RESPONDENTS 1 AND 3. ----------------------------------- 1. JOHN MATHEW, S/O.I.JOHN, UOOZHO MURIYIL HOUSE, KOORIYAL LANE P.O. KOZHIKODE. 2. THE ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE NO.1. SEEMA BUILDING, G.H.ROAD, CALICUT. ADV. SRI.A.R.GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1875 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of December,2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.129/1999 on the file of First Addl. Motor Accidents Claims Tribunal, Kozhikode. In this appeal he challenges the judgment and award of the Tribunal dated March 31, 2006 awarding a compensation of Rs.2,16,474/- 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 September 17, 1998 at about 7 p.m.: Fracture of both femur, fracture of both leg bones, fracture both bones left forearm. He had underwent amputation of left leg. 2. The accident happened while the claimant was travelling in the Maruthi Van bearing Reg.No.KL-11/G-6369 driven by second respondent in the O.P. from Kottayam to Calicut and when he reached near Cheruvannur Steel Complex, it dashed against the lorry bearing Reg.No.KCG 666 which was parked on the road. Alleging negligence against the second respondent in the O.P., the claimant filed the O.P. MACA.No.1875/2006 2 before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 4,50,000/-. 3. Respondents 1 to 3 in the O.P. are the owner, driver and insurer of the offending Maruthi Van. Respondents 4 and 5 in the O.P. are the driver and the insurer of the lorry. Respondents 1, 2,4 and 5 remained absent before the Tribunal. The third respondent in the O.P., the insurer of the offending van filed a written statement admitting the policy. The sixth respondent in the O.P., the insurer of the lorry filed a written statement admitting the policy of the lorry. 4. Exts.A1 to A6 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 Maruthi van by second respondent in the O.P. and awarded a compensation of Rs. 2,16,474/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.2,500/- against respondents 1 to 3 in the O.P.. The claimant has now come up in appeal challenging the quantum of compensation awarded by the MACA.No.1875/2006 3 Tribunal. Only respondents 1 and 3 in the O.P. are shown as respondents in this appeal. 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 in the O.P. 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 break up of the compensation awarded by the Tribunal is as under : Transport to hospital - Rs.2,000/- Extra nourishment - Rs.5,000/- Bystander expenses - Rs.6,000/- Medical bills - Rs.1,38,474/- Pain and suffering - Rs. 30,000/- Loss of income - Rs. 20,000/- Loss of amenities - Rs. 15,000/- 8. Counsel for the claimant pointed out that no compensation was awarded by the Tribunal for the disability caused. He sought enhancement of the compensation for loss of amenities and enjoyment MACA.No.1875/2006 4 in life, for pain and suffering endured by the claimant and on other heads. 9. The claimant has suffered fracture of both femur and fracture of both bones of left forearm. Further, his left leg was amputated below knee level. Therefore, the claimant is entitled to compensation for the disability caused. Under Schedule II of Workmen's Compensation Act, the percentage of disability in such case is 40% which in our view can be accepted in this case. The claimant was a Sales Manager of City Traders, Kozhikode. He was aged 68 at the time of the accident. Therefore, we feel that his monthly income can be reasonably fixed at Rs. 2,500/-. The proper multiplier that can be adopted in this case is 6. Thus calculated for the disability caused, claimant is entitled to a compensation of Rs. 72,000/- ( 40% x 2500 x 12 x 6). 10. The Tribunal awarded Rs.15,000/- for loss of amenities and enjoyment in life which appears to be very low. Taking into consideration the fact that his left leg was amputated, we feel that a compensation of Rs. 25,000/- would be reasonable on this count. MACA.No.1875/2006 5 11. Rs.30,000/- was awarded by the Tribunal for the pain and suffering endured by the claimant. Having regard to the fact that his left leg was amputated and he has to undergo about 6 surgeries, we feel that a compensation of Rs. 40,000/- would be reasonable on this count. 12. There is another aspect in this case. He has to fit artificial limb on his left leg for which we feel that a compensation of Rs. 15,000/- would be reasonable. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 13. 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. 14. In the result, the claimant is entitled to an additional compensation of Rs. 1,07,000/-. 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 MACA.No.1875/2006 6 proportionate cost. The second respondent/third respondent in the O.P. 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.1875/2006 7