IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 MACA.No. 1480 of 2007(Y) ------------------------ OPMV.918/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- BIJOY AGED 28,S/O.CHANDRAN PARAMBIKADAN HOUSE, V.R.PURAM, CHALAKUDY. BY ADV. SRI.T.N.MANOJ RESPONDENT(S): --------------- 1. MATHEW JOSE, VETTIKOMBIL HOUSE, CHERPUNGAL DESOM,PALA, KOTTAYAM. 2. JOPHY MATHEW,S/O. MATHEW.DO...DO... 3. THE MANAGER UNITED INDIA INSURANCE CO. LTD,K.K.ROAD PONKUNNAM. 4. E.M.SASIDHARAN S/O. EDATHADAN MADHAVAN, TAZHEKKAD POST, THRISSUR. 5. THE MANAGER ORIENTAL INSURANCE VO LTD CITY HEIGHT BUILDINGS CHALAKIUDU. ADV. SRI.P.V.JYOTHI PRASAD FOR R5 SRI.P.MURALEEDHARAN FOR R.3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. ----------------------------------------------- M.A.C.A. No. 1480 of 2007 --------------------------------------------- Dated, this the 13th day of November, 2009 J U D G M E N T P.R.Ramachandra Menon, J. The appeal arises from the Award passed by the MACT, Irinjalakuda in OP (MV) No. 918/2001, which was preferred by the appellant/claimant seeking compensation in respect of the injuries sustained in the accident on 15.08.2000. The appellant/claimant was proceeding as a pillion rider on the motor cycle from Athirappilly to Chalakudy on 15.08.2000 at about 5.15 p.m. When the motor cycle reached at Konnakuzhi, a car bearing No. PY/01 3141 coming from the opposite direction dashed against the motor cycle causing serious injuries, which led to the claim. 2. The claim petition was originally preferred against the owner, driver and Insurer of the car. Subsequently, taking note of the contention raised from the part of the Insurer of the car, as to non joinder of necessary parties, the owner-cum-driver and Insurer of the scooter were also brought in the party array. The evidence consists of the oral testimony of PW1 to PW4, documents produced and marked as Exts.A1 to A11 from the part of the claimant and Ext.B1 copy of the Policy produced from the part of the insurer. After analyzing the pleadings and evidence on record, the Tribunal arrived at a clear finding that the accident occurred only because of the negligence on MACA No. 1480 of 2007 2 the part of the driver of the car. 3. After taking note of the nature and extent of injuries sustained and the consequences resulted, the Tribunal awarded various amounts under the permissible heads fixing the total compensation payable at Rs.2,27,181/- which is inclusive of a sum of Rs.1,21,581/- towards the medical expenses as well. Learned counsel for the appellant submits that the amount awarded by the Tribunal, particularly towards the permanent disability is abysmally low; for the reason that, despite the certified permanent disability of 25%, and the oral testimony of the Doctor who was examined as PW2, only an extent of 12% was reckoned by the Tribunal. Learned counsel also refers to the serious nature of disfiguration caused by the accident, by producing some photograph along with I.A.1750/2007 and states that absolutely no amount has been awarded by the Tribunal under this head. 4. The compensation for the permanent disability has been awarded by the Tribunal reckoning a sum of Rs.2,500/- as the monthly income and adopting the multiplier as 17, taking note of the age of claimant as 22 years at the time of accident; thus granting Rs.61,200/- under this head. Considering the seriousness of the injuries sustained, the circumstance under which the percentage of disability certified as per Ext.A10 was brought down from 25% to 12%, despite examining the Doctor as PW2, is not discernible from the Award, when shortening of the leg by 2 MACA No. 1480 of 2007 3 inches is held as proven. On going through the facts and figures, we find that fixation of permanent disability as 12% is much on the lower side and we find it fit, just and proper to have the same enhanced to 18%, weighing the evidence as a whole. On re-working the compensation payable towards the permanent disability reckoning the figures as above, the appellant will be entitled to get a further sum of Rs.30,600/-. We also find it fit and proper to award a sum of Rs.5,000/- as sought for by the appellant/claimant, in respect of the 'disfiguration' caused to him. 5. In the result, we grant a further sum of Rs.35,600/- towards the additional compensation payable in respect of the injuries sustained in the accident. The amounts under all other heads appear to be very much reasonable and adequate. We hereby direct the 3rd respondent Insurance Company to deposit the above sum of Rs.35,600/- with interest at the rate of 7% from the date of application till the date of payment, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. The appeal is allowed in part. No cost. P.R. RAMAN, JUDGE P. R. RAMACHANDRA MENON, JUDGE dnc