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 30TH JUNE 2010 / 9TH ASHADHA 1932 MACA.No. 538 of 2006(F) ----------------------------------- (O.P(MV).NO.1430/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI) .................... APPELLANT/CLAIMANT: ----------------------------------- P.C. NARAYANAN, S/O. CHATHUNNI, MAMBOYIL VEEDU, CHERULIYIL HOUSE, CHERIYAM, AMARAMBALAM AMSOM, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.M.P.PRAKASH. RESPONDENTS: ------------------------ 1. RASHEED @ ABDUL RASHEED, S/O. MOIDEENKUTTY, KALLENKUNNEN HOUSE, PANDALLOOR P.O., KADAMBODE, MALAPPURAM DISTRICT. (DRIVER). 2. M.K. ABDULRAHIMAN, S/O. ABOOBACKER, MADARI KARUVATHODI HOUSE, KADAMBODE P.O., MALAPPURAM DISTRICT. 3. NATIONAL INSURACE CO.LTD., MANJERI, MALAPPURAM DISTRICT. R3 BY ADV. SRI.E.M.JOSEPH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 538 of 2006 =~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 30th day of June, 2010. JUDGMENT Barkath Ali, J. In this appeal under section 173 of the Motor Vehicles Act claimant in O.P.(MV) No.1430 of 2001 of the Motor Accidents Claims Tribunal, Manjeri challenges the judgment and award of the Tribunal dated October 29, 2005 awarding a compensation of Rs.38,393/- for the loss caused to the claimant, on account of the injury sustained by him in a motor accident. 2. The facts leading to this appeal, in brief, are these:- The claimant was aged 31 at the time of the accident and was employed as a Postal Assistant in Head Post Office, Manjueri and was earning Rs.6,998/- per month as salary. On January 3, 2001 at about 6 p.m. while the claimant was walking along Thurakkal-Melakkam public road, he was knocked down by a motor cycle bearing registration No. KL- 10K-1955. According to the claimant, the accident occurred MACA 538/2006 2 due to the rash and negligent riding of the offending motor cycle by the first respondent. The first respondent as the rider, second respondent as the owner and third respondent as the insurer of the motor cycle are jointly and severely liable to pay the compensation to the claimant. The claimant claimed a compensation of Rs. 1,50,000/-. 3. Respondents 1 and 2, rider and owner of the offending motor cycle, remained absent and were set ex parte by the Tribunal. The third respondent Insurance Company filed a written statement, admitting the policy, but denied the liability. 4. The claimant was examined as PW1 and Exts. A1 to A7 and Ext.X1 were marked on the side of the claimant. No evidence was adduced by the contesting third respondent. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to negligence on the part of the first respondent, rider of the offending motor cycle, and awarded a compensation of Rs.38,393/- with interest at the rate of 6% p.a. from the date of petition till realization and MACA 538/2006 3 cost. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and learned 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 first respondent, rider of the offending motor cycle, 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.38,393/-. The break up of the compensation awarded is as under:- Transport to hospital : Rs. 1,500/- Extra nourishment : Rs. 1,400/- and bystander’s expenses. Medical expenses : Rs. 693/- Pain and suffering : Rs. 10,000/- Loss of amenities : Rs. 24,800/- ---------------------- Total ; Rs. 38,393/- ========= 8. The claimant sustained the following injuries as MACA 538/2006 4 revealed form Ext.A2 copy of the wound certificate:- 1) Fracture both bones (L) leg. 2) Abrasion ® side of forehead and eye lid. 3) Fracture zygomatic arch (L) side. 9. The learned counsel for the appellant/claimant mainly sought enhancement of compensation awarded under disability caused and for the loss of amenities and enjoyment in life. 10. No compensation was awarded by the Tribunal for the disability caused to the claimant. The Medical Board has certified in Ext.X1 that the claimant has suffered a disability of 2%. Therefore, the claimant is entitled to compensation for the disability caused. The claimant was working as a Postal Assistant in Head Post Office, Manjeri and was earning Rs.6,998/- per month as salary, as seen from Ext.A6 salary certificate. Therefore, we feel that his monthly income can reasonably be fixed at Rs.4,000/-. The claimant was aged 31 at the time of the accident. Therefore, multiplier of 17 would be reasonable in this case. The MACA 538/2006 5 claimant has 2% disability as seen from Ext.X1. Thus calculated for the disability caused, the claimant is entitled to compensation of Rs.16,320/- (Rs.4,000/- x 12 x 17 x 2%). 11. No compensation was awarded by the Tribunal towards loss of earnings during the period claimant was laid up. The nature of the injuries sustained by him shows that he must have been laid up for about four months. Therefore,the claimant is entitled to a compensation of Rs.16,000/- towards loss of earnings (Rs.4,000/- x 4). 12. There is another aspect in this case. The Tribunal awarded Rs.24,800/- for the loss of amenities and enjoyment in life, which appears to be on a higher side. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.15,000/- 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. Therefore, the claimant is entitled to an additional compensation of Rs.22,520/-. The Tribunal awarded interest MACA 538/2006 6 only at the rate of 6%, which appears to be inadequate. He is entitled to interest at the rate of 7.5% p.a. from the date of petition till realization for the compensation already awarded by the Tribunal and also for the enhanced compensation. The third respondent, being the insurer of the offending motor cycle, shall deposit the amount before the Tribunal within two months from the date of receipt of a copy of this judgment. He is entitled to proportionate cost. The award of the Tribunal is modified to the above extent. In the result, the appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn