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 3RD MARCH 2011 / 12TH PHALGUNA 1932 MACA.No. 1624 of 2005() ----------------------- OPMV.1476/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- ABDUL KHADER, S/O. MUHAMMED, NEDIYAPARAMBIL HOUSE, PROVIDENCE ROAD, WARD NO.8 B, ERNAKULAM. BY ADV. SRI.T.N.MANOJ RESPONDENT(S): RESPONDENTS: --------------------------- 1. K.M. ANWAR, S/O. MUHAMMED ALI, KARIKKATTU HOUSE, MATHILAKAM P.O., KODUNGALLUR, THRISSUR DIST. 2. JANESH, S/O. RAGHAVAN, PANARIYEDATH HOUSE, THANDAMKULAM, KODUNGALLUR, THRISSUR DISTRICT. 3. THE MANAGER, NATIONAL INSURANCE CO. LTD., NORTH PARUR (MAIN BRANCH). ADV. SRI.BABU KARUKAPADATH FOR R2 SRI.K.A.NOUSHAD FOR R2 SRI.RAJAN P.KALIYATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1624 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1476/1999 on the file of Motor Accidents Claims Tribunal, Irinjalakuda. In this appeal, he challenges the judgment and award of the Tribunal dated April 29, 2005 awarding a compensation of Rs.55,258/- 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 October 13, 1999 at about 7.15 a.m.: Compound fracture distal end radius right, fractures left hand and right hand, right patella, right leg, degloving injury on right leg and lacerated wound on face and head. 2. The accident happened while the claimant was travelling in a bus bearing Reg.No.KL-7/U 8118 driven by the second respondent along Moothakunnam-Kottapuram road. When he reached at Kottapuram, due to the negligence of the driver of the bus, the vehicle dashed against a jeep coming from the opposite direction. Alleging MACA.No.1624/2005 2 negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 2,28,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending bus remained absent before the Tribunal. The third respondent, the insurer of the offending bus filed a written statement admitting the policy. 4. This O.P. was jointly tried along with other O.Ps. filed by the injured passengers in the bus and a common award was passed by the Tribunal. Pws 1 to 5 were examined and Exts.A1 to A52 were marked on the side of the claimants before the Tribunal. Ext.B1 was marked 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 bus by second respondent and awarded a compensation of Rs. 55,258/- with interest @ 6% per annum from the date of petition till realisation and proportionate cost. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA.No.1624/2005 3 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 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.55,258/-. The break up of the compensation amount awarded is as under: Extra nourishment - Rs. 2,300/- Transportation - Rs. 200/- Medical expenses - Rs.22,758/- Loss of earnings - Rs. 6,000/- Pain and suffering - Rs.12,000/- Loss of amenities - Rs. 3,000/- Disability - Rs. 9,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused, for the pain and suffering endured by the claimant and for loss of amenities and enjoyment of life. 9. The Tribunal took the monthly income of the claimant as MACA.No.1624/2005 4 Rs.1,500/- and took the percentage of disability as 10% and adopted a multiplier of 5 as the claimant was aged 63 at the time of the accident and awarded Rs. 9,000/- for the disability caused. According to the claimant, he was working as a Supervisor earning Rs.3,000/-per month. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 2,500/-. The multiplier of 5 taken by the Tribunal is not seriously challenged. In Ext.A52 disability certificate, it is stated that the claimant has the following disabilities : Loss of bone fragment of medial epicondyle left, residual ulnar nerve palsy left with resultant waisting of left hand muscles, pain and restriction of left finger movements and waisting of left forearm muscles by 1.5 cm. 10. Taking into consideration the above disabilities, we feel that the percentage of disability can be reasonably fixed at 15%. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 22,500/- ( 15% x 2500 x 12 x 5). Thus on this count, the claimant is entitled to an additional compensation of Rs.13,500/-. MACA.No.1624/2005 5 11. The Tribunal awarded Rs.3,000/- for loss of amenities and enjoyment in life and Rs.12,000/- for pain and suffering endured by the claimant. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 10,000/- for loss of amenities and enjoyment in life and Rs.15,000/- for pain and suffering endured would be reasonable. 12. There is another aspect in this case. The Tribunal awarded Rs. 6,000/- towards loss of earnings for 4 months @ Rs. 1,500/- per month. As we have fixed the monthly income of the claimant as Rs. 2,500/-, he is entitled to a compensation of Rs. 10,000/- towards loss of earnings. Thus on this count, the claimant is entitled to an additional compensation of Rs. 4,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 13. 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 MACA.No.1624/2005 6 for the enhanced compensation. 14. In the result, the claimant is found entitled to an additional compensation of Rs. 27,500/-. 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.1624/2005 7