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 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 MACA.No. 1828 of 2005() ----------------------- OPMV.552/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): APPELLANT/CLAIMANT -------------------------------- O.ABDUL NAZER, S/O.SAIDALU HAJI, OLEGARA HOUSE, THIRUNAVAYA P.O., TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.A.KRISHNAN RESPONDENT(S): RESPONDENTS --------------- 1. THAMPAN, S/O.T.KUNJAMBU NAIR, MUNNADUKKOM HOUSE, MUNNAD P.O., CHENGALA-VIA, KASARKODE DISTRICT. 2. HUSSAINKUNHU, S/O.MOHAMMEDKUNHI HAJI, VII, MASTIKUNDU HOUSE, MULIYAR P.O., CHENGALA -VIA, KASARKODE DISTRICT. 3. THE NATIONAL INSURANCE COMPANY LTD., GURUVAYOOR BRANCH, P.B.NO.NO.42, 1ST FLOOR, SREE NARAYANA TOURIST BUILDING, GURUVAYOOR. 4. P.V.SHAHUL HAMEED, S/O.MUHAMMED, PULIYATH VALAPPIL HOUSE, THRITHALA P.O., PALAKKAD. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No1828 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.552/2003 on the file of Motor Accidents Claims Tribunal, Tirur. In this appeal he challenges the judgment and award of the Tribunal dated June 7, 2005 awarding a compensation of Rs.3,17,000/- for the loss caused to him on account of the injuries sustained in a motor accident. He sustained the following injuries in that accident that occurred on May 29, 2003 at about 3.30 a.m. : 1. Compound fracture of right humerus lower 2. blunt injury on abdomen and chest 3. massive hemoperitonium 4. Hemothorax 5. Lacerations multiple right lobe 6. Compound abrasion on right chest wall 7. 3x 2 cm. lacerated wound on right elbow 8. Contusion right shoulder 2. The accident happened while the claimant was travelling in the jeep bearing Reg.No.KL-9E/9280 and when he reached at Valancherry, it collided head on with the lorry bearing Reg.No.KL- 14A/4065 driven by the first respondent. Respondents 1, 2 and 3 in the MACA.No.1828/2005 2 O.P. are the driver, owner and insurer of the offending lorry. The driver of the jeep died on the spot. Fourth respondent in the O.P. is the owner of the jeep. The jeep is also insured with the third respondent company. Alleging negligence against the drivers of both vehicles, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 5,00,000/-. 3. Respondents 1, 2 and 4 remained absent before the Tribunal. The third respondent, the insurer of the offending vehicles filed a written statement admitting the policy of the vehicles. 4. PW1 was examined and Exts.A1 to A10 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 lorry by first respondent and awarded a compensation of Rs. 3,17,000/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs. 2,000/-. 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. MACA.No.1828/2005 3 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 break up of the compensation awarded by the Tribunal is as under : Transport to hospital - Rs. 5,000/- Expenses of bystander - Rs. 5,000/- Extra nourishment - Rs. 5,000/- Medical expenses - Rs.204,000/- Loss of earnings - Rs.18,000/- Permanent disability - Rs.55,000/- Pain and suffering - Rs.15,000/- Loss of amenities - Rs.10,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused, for pain and suffering endured , for loss of amenities and enjoyment in life and on other heads. 9. The Tribunal took the monthly income of the claimant as Rs.3,000/- and took his percentage of disability as 9% as certified by the doctor in Ext.A10 and adopted a multiplier of 17, as he was aged 30 at the time of the accident, and awarded Rs. 55,000/- for the disability caused. The claimant was working in a newspaper establishment MACA.No.1828/2005 4 earning Rs.5952.45 as salary as evidenced by Ext.A7, his salary certificate. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs.4,000/-. The percentage of disability as 9% and the multiplier as 17 taken by the Tribunal are not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 73,440/- ( 9% x 4000 x 12 x 17). Thus on this count, the claimant is entitled to an additional compensation of Rs.18,440/-. 10. The Tribunal awarded Rs. 15,000/- for pain and suffering endured and Rs.10,000/- for loss of amenities and enjoyment in life. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 25,000/- for pain and suffering endured and Rs. 20,000/- for loss of amenities and enjoyment in life would be reasonable. 11. The Tribunal awarded Rs. 18,000/- towards loss of earnings for 6 months @ Rs. 3,000/- per month. As we have fixed the monthly income of the deceased as Rs. 4,000/-, he is entitled to a compensation of Rs. 24,000/- towards loss of earnings. Thus on this count, the claimant is entitled to an additional compensation of Rs. 6,000/-. As regards the compensation awarded under other heads, MACA.No.1828/2005 5 we find the same to be reasonable and therefore 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. 44,440/-. 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.1828/2005 6 MACA.No.1828/2005 7