IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 MACA.No. 1913 of 2006 ----------------------- OPMV.907/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- BENNY JOSE, AGED 37 YEARS, S/O.JOSE, RESIDING AT PULIKUNNU, KASARAGOD VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.M.SANTHOSHKUMAR RESPONDENT(S): RESPONDENTS :- --------------- 1. KANNAN, AGED 38 YEARS, S/O.GANGADHARAN, MANAGER I.C.D.P, DISTRICT CO-OPERATIVE BANK, KASARAGOD. 2. T.A.ILLYAS, AGED 39 YEARS, S/O.ABDULKHADAR HAJI, THURUTHI HOUSE, RESIDING AT THURUTHI, KASARAGOD. 3. THE BRANCH MANAGER, ORIENTAL INSURANCE CO.LTD., CITY POINT BUILDING, PRESS CLUB JUNCTION, KASARAGOD. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1913 of 2006 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 27th day of June, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.907/2003 on the file of the Motor Accidents Claims Tribunal, Kasaragod. In this appeal he challenges the judgment and award of the Tribunal dated April 26, 2006 awarding a compensation of ` 58,976/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on November 2, 2003 at about 5.30 p.m. at Anangoor. While the claimant was travelling in a Maruthi car bearing registration No.KA-19/P 2347, driven by the first respondent, it dashed against a dust bin on the side of the road and capsized. He sustained mandible fracture right side and other injuries on the face. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under section M.A.C.A.No. 1913/2006 2 166 of the Motor Vehicles Act claiming a compensation of ` 2,00,000/-. 3. Respondents 1 and 2, the driver and downer of the offending car, remained absent before the Tribunal. The third respondent, the insurer of the offending car, filed a written statement admitting the policy but denied the liability. Exts.A1 to A11 and Ext.X1 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the first respondent and awarded a compensation of ` 58,976/- with interest @ 6% p.a. from the date of petition till realization. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the claimant and the counsel for the Insurance Company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the first respondent is not seriously challenged in this M.A.C.A.No. 1913/2006 3 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 ` 58,976/-. Break up of the compensation awarded is as under:- Loss of earning : ` 5,000 Transportation expenses : ` 500 Damage to clothing : ` 200 Pain and suffering : ` 10,000 Disability : ` 29,376 Treatment expenses : ` 13,900 ------------------ Total : ` 58,976 ======= 7. The counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. 8 The Tribunal took the monthly income of the claimant as ` 1,800/-, took the percentage of disability as 8%, adopted multiplier of 17 and awarded a compensation of ` 29,376/- for the disability caused. The claimant was aged 34 at the time of the accident and he was a practising M.A.C.A.No. 1913/2006 4 lawyer. Taking into consideration the above aspect, we feel that his monthly income can reasonably be fixed at ` 4,000/-. Percentage of disability assessed by the Tribunal as 8% and multiplier adopted as 17 are not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of ` 65,280/- (` 4,000/-x 12 x 17 x 8%). Thus the claimant is entitled to an additional compensation of ` 35,904/- on this count. 9. The Tribunal awarded ` 10,000/- for pain and suffering endured by the claimant. Taking into consideration the nature of the injuries sustained, we feel that a compensation of ` 20,000/- would be reasonable on this count. 10. No compensation was seen awarded for loss of amenities and enjoyment in life. Having regarding to the nature of the injuries sustained by the claimant, we feel that a compensation of ` 20,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we M.A.C.A.No. 1913/2006 5 are not disturbing the same. 11. In the result, the claimant is found entitled to an additional compensation of ` 65,904/-. The Tribunal awarded interest only @ 6% per annum, which appears to be very low. He is entitled to interest @ 7.5% per annum from the date of petition till realization for the compensation already awarded and also for th enhanced compensation. The third respondent being the insurer of the offending vehicle shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. 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. mn M.A.C.A.No. 1913/2006 6