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 17TH JANUARY 2011 / 27TH POUSHA 1932 MACA.No. 1957 of 2010() ---------------------- OPMV.1832/2003 OF PRINCIPAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE ................ APPELLANT / PETITIONER : ---------------------------------------- ABDUL NAZER M.P., S/O.MOHAMMED KOYA, AGED 29, MEETHALA PALERATH HOUSE, CHEMANCHERY, KOZHIKODE. BY ADV. SRI. E. NARAYANAN RESPONDENT / RESPONDENTS : ----------------------------------------------- 1. C.K.RAVI, S/O.GOVENDAN, CHEENIAN KANDY HOUSE, MOOLAD.P.O., NADUVANNUR, KOZHIKODE. 2. ABDUL GAFOOR K.N., AGED 31, S/O.MOIDEENKUTTY, KIZHAKKE NEDIYARAMBATH HOUSE, MODAKKALLUR, KOZHIKODE. 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, KINGSWAMY BUILDINGS, MAVOOR ROAD JUNCTION, KOZHIKODE. R3 BY ADVS. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1957 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 17th day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.1832 of 2003 on the file of the Motor Accidents Claims Tribunal, Kozhikode. In this appeal he challenges the judgment and award of the Tribunal dated July 10, 2003 awarding a compensation of Rs.31,250/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on November 11, 2002 at about 5.30 p.m. While the claimant was pillion riding on a motor cycle bearing registration No.KL-11-N-3912, he was knocked down by a bus bearing registration No.KL-11 2511. He sustained the following injuries:- 1) Lacerated wound 3 x 1 cm. ankle of right mandible. 2) Puncture mark on the right thigh. 3) Fracture of shaft right femur. Alleging negligence against the second respondent driver of the offending bus, the claimant filed the O.P. before the MAA 1957/2010 2 Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.3 lakhs. 3. Respondents 1 and 2, the owner and 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. Exts.A1 to A 4 were marked on the side of the claimant. Exct.C1 was marked as Court Exhibit. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence on the part of the second respondent, driver of the offending bus and awarded a compensation of Rs. 31,250/- with interest @ 7% p.a. from the date of petition till realization. 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 MAA 1957/2010 3 Tribunal that the accident occurred due to the negligence on the part of the driver of the offending bus is not seriously 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.31,250/-. Break up of the compensation awarded is as under:- Medical bills : Rs. 6,000 Incidental charges : Rs. 2,000 Pain and suffering : Rs. 10,000 Loss of amenities : Rs. 8,000 Loss of notional income : Rs. 4,500 Transportation : Rs. 750 ------------------ Total : Rs.31,250 ======= 8. The learned counsel for the appellant/claimant pointed out that no compensation was awarded by the Tribunal for the disability caused to the claimant and also sought enhancement of the compensation on other heads. 9. The Tribunal did not award any compensation for MAA 1957/2010 4 the disability caused, as claimant has not chosen to come forward and swear that he has suffered any disability. But in Ext.C1 report of the Medical Board it is stated that the claimant suffered disability of 7%. Therefore, in our view, the claimant is entitled to a compensation for the disability caused. 10. The Tribunal took the monthly income of the claimant as Rs.1,500/-, which appears to be very low. Considering the fact that even as a coolie he would be getting not less than Rs.2,000/- per month. Therefore, we feel that his monthly income can reasonably be fixed at Rs.2,000/- per month. As he was aged only 21, multiplier of 17 would be reasonable in this case. Percentage of disability assessed by the Medical Board as 7% is found to be reasonable. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.28,560/-. (Rs.2,000/- x 12 x 17 x 7%). As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. MAA 1957/2010 5 11. In the result, the claimant is found entitled to an additional compensation of Rs.28,560/-. He is entitled to interest @ 7% per annum from the date of petition till realization. The 3rd respondent shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. 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. mn