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. 1876 of 2005(C) ------------------------------------- [O.P(MV).NO.955/2001 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR] .................... APPELLANT/PETITIONER: ------------------------------------- BIJU, S/O.BHASKARAN, RESIDING AT THALAPPILLY HOUSE, P.O.OLLUR, THRISSUR. BY ADVS. SRI.V.CHITAMBARESH, SRI.T.C.SURESH MENON, SRI.SREEKANTH.K.R, SRI.JIBU P THOMAS, SMT.M.R.VALSA. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. P.V.MATHEW, S/O.VARGHESE, RESIDING AT PARAKKADAN HOUSE, NADAVARAMBU, IRINJALAKUDA, THRISSUR. 2. K.R.SREEDHARAN, S/O.RAMAN, RESIDING AT KOORATH HOUSE, ALANGAD, KALLUR, THRISSUR DISTRICT. 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE, ALENGADAN BUILDINGS, TANA, IRINJALAKUDA, THRISSUR- 680 121. R3 BY SRI. MATHEWS JACOB, SENIOR ADVOCATE, ADV. SRI.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. = = = = = = = = = = = = = = = M.A.C.A.No.1876 of 2005. = = = = = = = = = = = = = = = Dated this the 1st day of October, 2010. J U D G M E N T Barkath Ali, J. The claimant is the appellant in OP(MV)No.955/2001 on the file of the Motor Accidents Claims Tribunal, Thrissur. He sustained the following injuries in a motor accident which occurred on November, 11, 2000 at about 7.45 am.:- 1. Crush injury of right ankle and foot. Compound and comminuted fracture of lower end of tibia and fibula – the foot hanging by the skin and tendons. 2. Fracture fibula left leg. 3. Multiple abrasion over right knee, left knee and left foot. 2. The accident happened while he was standing on the Kalur - Palathuparambu colony road he was knocked down by a tempo van bearing registration No.KRH 2656 driven by the 2nd respondent. Alleging negligence against the 2nd respondent the claimant filed the OP under Section M.A.C.A.No.1876 of 2005. 2 166 of the Motor Vehicles Act claiming a compensation of Rs.6,00,000/-. Respondents 1 and 2, the owner and driver of the offending vehicle, remained absent before the Tribunal. Respondent No.3, Insurer of the offending tempo van filed a written statement admitting the policy. 3. This OP was jointly tried along with OP.No.2194/2001 filed by another injured person in the accident and a common award was passed by the Tribunal. Pw1 was examined and Exts.A1 to A17 were marked on the side of the claimant. Ext.B1 was marked on the side of the contesting respondent No.3. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence on the part of the 2nd respondent and awarded a compensation of Rs.1,98,000/- with interest at the rate of 6% per annum from the date of petition till realisation and a cost of Rs.5,800/-. The claimant has now come up in appeal challenging the quantum of compensation awarded. M.A.C.A.No.1876 of 2005. 3 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 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.1,98,000/-. The break up of the compensation amount awarded is as under:- Loss of earning for six months @ Rs.2,500/- per month. : Rs. 15,000/- Medical expenses : Rs. 59,000/- Bystander expenses : Rs. 12,000/- Pain and suffering : Rs. 10,000/- For permanent disability : Rs.1,02,000/- ---------------------- Total : Rs.1,98,000/- ---------------------- 7. Counsel for the claimant sought enhancement of the compensation awarded for the disability caused, for the M.A.C.A.No.1876 of 2005. 4 pain and suffering incurred and for loss of amenities enjoyed in life. The Tribunal took the monthly income of the claimant as Rs.2,500/-, took percentage of the disability as 20% and adopted a multiplier of 17 and awarded Rs.1,02,000/- for the disability caused. 8. The claimant as Pw1 testified that he was a driver earning Rs.6,000/- per month. He was aged 30 at the time of accident. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed as Rs.3,000/- per month. Ext.A10 copy of the disability certificate issued by the Department of Orthopaedics, Medical College Hospital, Thrissur shows that the claimant has now the following disabilities: 1) Total ankylosis of right ankle joint in 100°. 2) Grossly edematous foot and lower leg with a constriction around the ankle and extensive scarring. 3) Small discharging sinuses right ankle. 4) X'ray of right ankle dated 10.01.02 shows evidence of chronic osteo myetilic charges in M.A.C.A.No.1876 of 2005. 5 the lower tibia which will be a life long problem for the patient. 5) Loss of sensation over dorsum of right foot and plantar skin with troptin charges. 6) Complete loss of extenser power in the lateral four toes. The doctor has certified that the claimant has a permanent disability of 28%. Taking into consideration the above aspect we feel that the percentage of the disability of 28% as found by the doctor can be accepted in this case. The multiplier adopted by the Tribunal as 17 is not seriously challenged. Thus calculated, for the disability caused the claimant is entitled to a compensation of Rs.1,71,360/- (28% of 3000 x 12 x 17). Thus on this count the claimant is entitled to an additional compensation of Rs.69,360/-. 9. The Tribunal awarded Rs.12,000/- for pain and suffering. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.25,000/- would be reasonable on this count. Thus, on this count the claimant is entitled to an M.A.C.A.No.1876 of 2005. 6 additional compensation of Rs.13,000/-. 10. The Tribunal awarded Rs.10,000/- for loss of amenities of life. Having regard to the nature of injuries sustained by the claimant we feel that a compensation of Rs.20,000/- would be reasonable on this count. Thus the claimant is entitled to an additional compensation of Rs.10,000/- on this count. 11. The Tribunal awarded Rs.15,000/- for loss of earning for 6 months at the rate of Rs.2,500/- per month. As we have fixed the monthly income of the claimant at Rs.3,000/- the claimant is entitled to a compensation of Rs.18,000/- 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. 12. There is another aspect in this case. The Tribunal awarded interest only at the rate of 6% which appears to be very low. The claimant is entitled to interest at the rate of 7.5% for the compensation already awarded and for the M.A.C.A.No.1876 of 2005. 7 enhanced compensation. 13. Thus, the claimant is found entitled to an additional compensation of Rs.1,07,360/-. The claimant is entitled to interest at 7.5% per annum from the date of petition till realisation and proportionate cost. The 3rd respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months of the receipt of a copy of this judgment. The appeal is disposed of as found above. A.K.BASHEER, Judge. P.Q.BARKATH ALI, Judge. Kvs/- The figure “Rs.1,07,360/-” occurring in the first sentence in the last paragraph of the judgment dated 01/10/2010 in M.A.C.A.1876/2005 is substituted with “` 95,360/-”, vide order dated 29/03/2011 in IA.160/2011. Sd/- Registrar (Judicial)