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 13TH OCTOBER 2010 / 21ST ASWINA 1932 MACA.No. 405 of 2007() ---------------------- OPMV.1626/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT(S): APPELLANT/3RD RESPONDENT -------------------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, THIRUVANANTHAPURAM NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT(S): APPLICANT ------------------------ R.SASIDHARAN NAIR, S/O RAMAKRISHNA PILLAI, PUTHEN VEEDU, WEST OF SASTHA TEMPLE, KARIYAVATTOM P.O., THIRUVANANTHAPURAM. ADV. SRI.NAGARAJ NARAYANAN FOR R1 SRI.SAIJO HASSAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.405 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2010 JUDGMENT Barkath Ali, J. This appeal under Section 173 of Motor Vehicles Act is directed against the judgment and award of Motor Accidents Claims Tribunal , Attingal dated August 11, 2006 in O.P.(MV)No.1626/2000. Appellant is the third respondent Insurance Company in the O.P. First respondent/claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs.4,00,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident that occurred on September 18, 2000. 2. The accident happened while the claimant was walking along the side of Thiruvananthapuram-Kollam National Highway at 7.45 p.m., he was knocked down by a motor cycle bearing Reg.No. RJ.01/IM 8559 ridden by the second respondent. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal claiming a compensation of Rs 4,00,000/-. MACA.No.405/2007 2 3. Respondents 1 and 2, the owner and the rider of the offending motor cycle remained absent before the Tribunal. The third respondent, the insurer of the offending motor cycle filed a written statement admitting the policy. 4. PWs 1 and 2 were examined and Exts.A1 to A13 and Ext.X1 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence of second respondent and awarded a compensation of Rs. 1,75,900/- with interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. The third respondent Insurance Company has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellant/Insurance Company and counsel for the claimant. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the second respondent is not challenged in this appeal. Therefore, the only question which arises for consideration in this case is whether the MACA.No.405/2007 3 compensation awarded by the Tribunal is excessive. 7. The break up of the compensation awarded by the Tribunal is as under : Disability - Rs. 93,600/- Loss of earning - Rs. 39,900/- Transport to hospital - Rs. 1,000/- Damage to clothing - Rs. 400/- Cost of medicine - Rs. 10,000/- Bystander expenses - Rs. 1,000/- Pain and suffering - Rs. 10,000/- Loss of amenities in life - Rs. 10,000/- Loss of future earning power- Rs. 10,000/- 8. The Tribunal took the monthly income of the claimant as Rs. 6,000/- and took the percentage of disability as 10% and adopted a multiplier of 13 and awarded Rs. 93,600/- for the disability caused. The claimant was employed as a Mechanic in KSRTC earning Rs. 6,000/- per month. Taking into consideration the fact that claimant is still in service, for the purpose of awarding compensation for the permanent disability caused, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 4,000/-. The multiplier adopted by the Tribunal as 15 is not seriously challenged. Thus calculated, for the disability caused, the claimant is entitled to a compensation of Rs.62,400/- ( 10% x 4000 x 12 x 13). MACA.No.405/2007 4 9. There is another aspect in this case. The Tribunal awarded Rs. 10,000/- for loss of future earning power . As compensation is awarded for the disability caused, claimant is not entitled to loss of future earning power. Therefore, the claimant is not entitled to Rs. 10,000/- awarded under the head of loss of earning power. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. In the result, the claimant is found entitled to a compensation of Rs.1,34,700/- instead of Rs. 1,75,900/- with interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. The appellant 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.405/2007 5