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 3RD JANUARY 2011 / 13TH POUSHA 1932 MACA.No. 928 of 2007() ---------------------- OPMV.1137/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- ELIAS SHAJAN, S/O KURIAKOSE, THOTTPPATTU HOUSE, NEAR THOTTAPADAN JUNCTION, ALLAPRA, PERUMBAVOOR. BY ADV. SRI.K.VINOD CHANDRAN RESPONDENT(S): RESPONDENTS -------------------------- 1. SIBI, S/O DAMODHARAN, AREECKAPARACKAL HOUSE, CHIRAKADAVU KARA, KOOVAPPALLY VILLAGE. 2. JOHN J.PUTHIYIDAM, PUTHIYIDAM HOUSE, OLAMATTAM P.O., THODUPUZHA. 3. NATIONAL INSURANCE CO. LTD., PULIMOOTTIL SHOPPING ARCADE, THODUPUZHA. ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/1/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.928 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1137/2002 on the file of Motor Accidents Claims Tribunal, Perumbavoor. In this appeal, he challenges the judgment and award of the Tribunal dated January 19, 2007 awarding a compensation of Rs.1,74,534/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident that occurred on January 29, 2002 at 2.45 p.m.. : 1. Pain right shoulder 2. Abrasions right elbow. 3. Pain left thigh and pelvic region 4. Abrasion 2 x 1 cm. on left knee. 5. Abrasion 4 x 2 cm. on dorsum of left feet. 6. Pain anterior chest. 7. Curved bruised wound 7 x 1 cm. on right frontal area. 2. The accident happened while the claimant was cycling along M.C. road from south to north, he was knocked down by the car bearing Reg.No.KL-6A7859 driven by first respondent. Alleging MACA.No.928/2007 2 negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 3,00,000/-. 3. Respondents 1 and 2, the driver and the owner of the offending car remained absent before the Tribunal. The third respondent, the insurer of the offending car filed a written statement admitting the policy. 4. Pws 1 and 2 were examined and Exts.A1 to A14 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 car by first respondent and awarded a compensation of Rs. 1,74,534/- with interest @ 7% per annum from the date of petition till realisation and proportionate cost. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 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 MACA.No.928/2007 3 that the accident occurred due to the negligence on the part of the first 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 break up of the compensation awarded by the Tribunal is as under : Loss of salary - Rs. 45,384/- Transportation - Rs. 1,500/- Extra nourishment - Rs. 1,000/- Attendant's charges - Rs. 4,000/- Damage to clothing - Rs. 250/- Treatment expenses - Rs. 73,200/- Pain and suffering - Rs. 20,000/- Loss of amenities - Rs. 10,000/- Disability - Rs. 19,200/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused . 9. The Tribunal took the monthly income of the claimant as Rs.2,000/- and the percentage of disability as 10% and adopted a multiplier of 8 and awarded Rs. 19,200/- for the disability caused. According to the claimant, he was a driver in KSRTC earning Rs.3,921/- per month. Ext.A12 is the certificate issued by A.T.O., Chathannoor to that effect. The percentage of disability taken by the MACA.No.928/2007 4 Tribunal as 10% appears reasonable. As the claimant was aged 38 at the time of the accident, the proper multiplier that can be adopted in this case is 16. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 48,000/- ( 10% x 2500 x 12 x 16). Thus on this count, the claimant is entitled to an additional compensation of Rs.28,800/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 10. In the result, the claimant is found entitled to an additional compensation of Rs. 28,800/-. He is entitled to interest @ 7% per annum from the date of petition till realisation and proportionate cost. The third respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal 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.928/2007 5 MACA.No.928/2007 6