IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 MACA.No. 1210 of 2004() ----------------------- OPMV.982/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/PETITIONER. ----------------------------------- K.K.SURESH, S/O.VELAYUDHAN, KIZHAKKEPPURATH HOUSE, PANAYELI KOMBANAD. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENTS/ RESPONDENTS -------------------------- 1. V.J.BENNY, VETTATH HOUSE, MANIKKAL POST, KONNARA, TRICHUR. 2. THE UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, CHALAKKUDY, THRISSUR DIST. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1210 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.982/1998 on the file of Motor Accidents Claims Tribunal, Perumbavoor. In this appeal, he challenges the judgment and award of the Tribunal dated December 20, 2002 awarding a compensation of Rs.2,82,050/- 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 June 19,1996 at 7 a.m. : Abrasions over right wrist, laceration 1''x '' over left knee, lacerated wound 1 ¼ x ¼ transversely below the 3rd injury, deep lacerated wound ½'' on the middle 3rd of right leg. Lacerated wound 2 '' x ¼ '' on the lower 3rd of right leg with exposed fracture bone. Compound fracture both bone right leg, extensive laceration, bone loss, tissue loss and skin loss. 2. The accident happened while the claimant was pillion MACA.No.1210/2004 2 riding on the scooter bearing Reg.No.KL-7A-4343 along M.C. road. When he reached at Vattakkattupady, it dashed against a tempo van bearing Reg.No.KL-8C-9570. Alleging negligence against the driver of the offending tempo van, 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. Respondent No. 1, the owner of the offending tempo van remained absent before the Tribunal. The second respondent, the insurer of the offending tempo van filed a written statement admitting the policy. 4. Pws 1 to 3 were examined and Exts.A1 to A10 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting second respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending tempo van by its driver and awarded a compensation of Rs. 2,82,050/- with interest @ 9% per annum from the date of petition till realisation. The claimant has now come up in appeal challenging the quantum of compensation awarded MACA.No.1210/2004 3 by the Tribunal. 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 driver of the offending tempo van 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.2,82,050/-. The break up of the compensation amount awarded is as under: Pain and suffering - Rs. 25,000/- Treatment expenses - Rs. 1,48,250/- Extra nourishment - Rs. 10,000/- Transportation - Rs. 5,100/- Damage to clothing - Rs. 300/- Loss of earning power - Rs. 45,900/- Loss of amenities - Rs. 15,000/- Disfigurement - Rs. 10,000/- Loss of earning - Rs. 22,500/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused, for pain and suffering endured MACA.No.1210/2004 4 and on other heads. 9. The Tribunal took the monthly income of the claimant as Rs.1,500/- and took the percentage of disability as 15% and adopted a multiplier of 17 and awarded Rs. 45,900/- for the disability caused. The claimant was a rubber tapper earning Rs.3,300/- per month, according to him. PW3 is his employer. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 2,500/-. The percentage of disability taken by the Tribunal as 15%, though the Medical Board as certified a disability of 40% in A8, appears reasonable. The multiplier taken by the Tribunal as 17 is not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 76,500/- ( 15% x 2500 x 12 x 17). Thus on this count, the claimant is entitled to an additional compensation of Rs.30,600/-. 10. The Tribunal awarded Rs.25,000/- 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. 30,000/- would be reasonable on this count. MACA.No.1210/2004 5 11. Rs.15,000/- was awarded by the Tribunal for loss of amenities and enjoyment in life. Having regard to the nature of the injury sustained by the claimant, we feel that a compensation of Rs. 25,000/- would be reasonable on this count. 12. Rs.10,000/- was awarded by the Tribunal for extra nourishment and expenses for bystander expenses. Taking into consideration the nature of treatment undergone by the claimant, we feel that a compensation of Rs.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 are not disturbing the same. 13. In the result, the claimant is found entitled to an additional compensation of Rs. 55,600/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. The second 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. MACA.No.1210/2004 6 The Appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1210/2004 7