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 12TH JULY 2010 / 21ST ASHADHA 1932 MACA.No. 809 of 2006() ---------------------- OPMV.242/2000 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- RAHOOF K., S/O. MUHAMMAD, AGED 23 YEARS, KOTTIYINGAL HOUSE, PATTAR THODI, NEAR THE MOSQUE AT CHAKKUMKADAVU JUNCTION, KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): RESPONDENTS: --------------------------- 1. M.P. ABDUL SAMAD, S/O. FATHIMA BEEVI, 2/501, AYISHAS, CHALIYAM P.O., KADALUNDI,KOZHIKODE 2. P. RAMESHAN, S/O. CHANDRASEGARAN, AGED 3 YEARS, PALATTU HOUSE, NADUVATTAM P.O., PERACHANANGADI, KOZHIKODE. 3. NATIONAL INSURANCE CO. LTD., PARCO TOWERS, P.M. TAJ ROAD, CALICUT-1. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.809 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of July, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.242/2000 of I Additional Motor Accidents Claims Tribunal, Kozhikode challenges the judgment and award of the Tribunal dated January 25, 2006 awarding a compensation of Rs. 83,600/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these : On August 20, 1999 at about 2.15 p.m., claimant was riding his motor cycle bearing Reg.No.KL-13/1194. When he reached near Ramakrishnan Clinic on Kallai road, Kozhikode, another vehicle bearing Reg.No.KRM 1937 driven by the second respondent came at a high speed and dashed against the motor cycle of the claimant. Claimant sustained serious injuries. According to the claimant, accident occurred due to the rash and negligent driving of the offending vehicle MACA.No.809/06 2 by second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending vehicle are jointly and severally liable to pay compensation to the claimant. Claimant claimed a compensation of Rs. 2,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending vehicle remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending vehicle filed a written statement admitting the policy and further contended that there was also negligence on the part of the claimant. 4. Exts.A1 to A8 and Ext.X1 were marked on the side of the claimant before the Tribunal. No evidence was adduced 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 vehicle by second respondent and awarded a compensation of Rs. 83,600- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs. 1,000/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA.No.809/06 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 claimant sustained the following injuries as revealed from Ext.A3 reference card issued from Medical College Hospital, Kozhikode and Ext.A8 certificate issued from the said hospital. 1. Fracture of ribs right side ( lower six ribs) 2. Haemoperitonium and laceration on the liver 7. 3 cm. 3. Fracture of frontal bone. The claimant has suffered a disability of 17% as certified by the Medical Board in Ext.X1. 8. The Tribunal awarded a total compensation of Rs.83,600/-. The break up of the compensation awarded is as under : Transport to hospital - Rs. 1,000/- Extra nourishment - Rs. 2,000/- Damage to cloth - Rs. 250/- Hospital expenses - Rs. 2,000/- MACA.No.809/06 4 Medical expenses - Rs. 10,000/- Pain and suffering - Rs. 15,000/- Loss of income - Rs. 5,000/- Disability - Rs. 43,350/- Loss of amenities in life - Rs. 5,000/- 9. Counsel for the claimant sought enhancement of compensation for the disability caused and for loss of amenities and enjoyment in life. 10. The Tribunal took the income of the claimant as Rs.15,000/- per annum and took the percentage of disability as 17% and adopted a multiplier of 17 and awarded Rs. 43,350/- for the disability caused. According to the claimant, he was a fish vendor aged 23 at the time of the accident . Therefore, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 2,000/-. The percentage of disability as 17% and the multiplier as 17 taken by the Tribunal are not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 69,360/- ( 17% x 2000 x 12 x 17). Thus on this count, the claimant is entitled to an additional compensation of Rs.26,010/-. 11. The Tribunal awarded a compensation of Rs. 5,000/- for MACA.No.809/06 5 loss of amenities and enjoyment in life which appears to be very low. Taking into consideration the serious nature of the injury sustained by the claimant, we feel that a compensation of Rs. 15,000/- would be reasonable on this count. Thus on this count, the claimant is entitled to an additional compensation of Rs. 10,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 12. 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 for the enhanced compensation. 13. In the result, the claimant is entitled to an additional compensation of Rs. 36,010/-. 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. He is also entitled to proportionate cost. The third respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal MACA.No.809/06 6 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.809/06 7