IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 MACA.No. 1402 of 2010() ----------------------- OPMV.1686/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): PETITIONER: --------------------------------------------- NAZARUDEEN, AGED 34 YEARS,S/O.POOKUNJU, PUNUVILA COLONY, MULLAKKERY MURI,PANMANA. BY ADV. SRI.PRATHEESH.P RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO.LTD,NEAR SHIPYARD,KOCHI - 682 029. BY ADV. SRI.E.M.JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss A.K.BASHEER & P.Q.BARKATH ALI, JJ. = = = = = = = = = = = = = M.A.C.A.No.1402 of 2010. = = = = = = = = = = = = = Dated this the 1st October, 2010. J U D G M E N T Barkath Ali, J. The appellant is the claimant in OP(MV)No.1686/2004 of the Motor Accidents Claims Tribunal, Kollam. He sustained the following injuries in a motor accident that occurred on June, 5, 2004 at about 8.00 am. near Neendakara Church at Kollam:- 1. Pubic ramus fracture. 2. Subtrochanteric fracture, right. 3. Urethral injury. 4. Splenic injury. The accident happened while the claimant was riding his M80 motor cycle along Kollam - Karunagappally N.H. Road and when he reached near Neendakara Church he was knocked down by a Maruti car bearing registration No.KL- 04/N 2824 driven by the 2nd respondent. Alleging negligence against the 2nd respondent, claimant filed the M.A.C.A.No.1402 of 2010. 2 OP before the Tribunal against respondents 1 to 3, the owner, driver and Insurer of the offending Maruti car claiming a compensation of Rs.4,00,000/-. 2. The first respondent, the owner of the offending Maruti car though admitted the accident denied the liability. He attributed negligence to the claimant. The 2nd respondent the driver of the offending car remained absent before the Tribunal. The 3rd respondent the Insurer of the offending vehicle admitted the policy of the car. 3. Exts.A1 to A18 were marked on the side of the claimant before the Tribunal. On the side of the respondents Exts.B1 to B3 were marked. On an appreciation of the evidence the Tribunal found that the accident occurred due to the negligence of the 2nd respondent, the driver of the offending car and awarded a total compensation of Rs.1,02,600/- with interest at 7.5% per annum from the date of petition till realisation and proportionate cost. The claimant has now come up in M.A.C.A.No.1402 of 2010. 3 appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard counsel for the appellant/claimant and that of the Insurance Company. 5. 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. 6. The Tribunal awarded a total compensation of Rs.1,02,600/-. The break up of the compensation amount awarded is as under: Loss of earnings for 6 month : Rs. 12,000.00 Transport to the hospital : Rs. 3,000.00 Extra nourishment : Rs. 1,000.00 Damage to clothing and articles : Rs. 500.00 Bystander expenses : Rs. 4,600.00 Medical expenses : Rs. 14,564.00 M.A.C.A.No.1402 of 2010. 4 Compensation for paid and suffering : Rs. 15,000.00 Compensation for continuing for permanent disability (Rs.2000x12x18x12/100) : Rs. 51,840.00 -------------------------- Total : Rs.1,02,504.00 Rounded to : Rs.1.02,600.00 -------------------------- 7. Counsel for the claimant sought enhancement of the compensation awarded for the disability caused and for loss of amenities enjoyment in life. The Tribunal took the monthly income of the claimant as Rs.2,000/-, took the percentage of disability as 12%, adopted a multiplier of 18 and awarded Rs.51,840/- for the disability caused. According to the claimant, he was a fish-seller earning Rs.3,000/- per month. He was aged 29 at the time of the accident. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs.3,000/-. The multiplier of 18 adopted by the Tribunal is not seriously challenged. Ext.A15 certificate of disability issued by the Asst.Professor in Orthopaedics, Medical M.A.C.A.No.1402 of 2010. 5 College Hospital, Thiruvananthapuram shows that he has suffered a permanent disability of 17%. The claimant has suffered “malunion of the fracture in 20 degree torsional malalignment” as mentioned in Ext.A15. Therefore, we feel that his percentage of disability can be fixed as 17% as shown in Ext.A15. Thus calculated for the disability caused the claimant is entitled to a compensation of Rs.1,10,160/- (3000x12x18x17%). 8. The Tribunal did not award any compensation 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.10,000/- would be reasonable in this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 9. Thus, the claimant is entitled to an additional compensation of Rs.1,20,160/-. He is entitled to interest @7.5% per annum from the date of petition till realisation M.A.C.A.No.1402 of 2010. 6 and proportionate cost. The 3rd respondent being the Insurer of the offending car 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. kvs/- The figure “` 1,20,160/-” occurring in line 2 of paragraph 9 (page 5) of the judgment dated 01.10.2010 in MACA. No. 1402/2010 is corrected and substituted as “` 68,320/-”, vide order dated 05.01.2011 in RP.No.1170/2010. Sd/- Registrar (Judl.).