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 26TH JULY 2010 / 4TH SRAVANA 1932 MACA.No. 1758 of 2009() ------------------------------------- OPMV.2663/2005 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/CLAIMANT ---------------------------------- AISWARYA. M (MINOR), AGED 13 YEARS, REP. BY HER FATHER P.VELAYUDHAN, S/O.ACHUTHAN NAIR, PATHERI VEETTIL HOUSE, P.O.MAYANAD, KOZHIKODE-673 008. BY ADV. SMT.K.V.RESHMI RESPONDENTS/RESPONDENTS: ------------------------------------------------- 1. T.V. ABDUL SALAM, S/O.KHADER, THAZHATHU VEETTIL HOUSE, KODUVALLY, KARUVAMPOYIL, KOZHIKODE DISTRICT. 2. P. SANJEEV KUMAR, S/O.MADHAVAN NAIR, VELUPPAL HOUSE, P.O.PILASSERI, KUNNAMANGALAM, KOZHIKODE TALUK. 3. THE NEW INDIA ASSURANCE COMPANY LTD., SAFEER COMPLEX, 6/975D, OPP. Y.M.C.A., KANNUR ROAD, KOZHIKODE. R3 BY ADV. SRI.P.G.GANAPPAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1758 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 26th day of July, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.2663 of 2005 on the file of the Motor Accidents Claims Tribunal, Kozhikode. The claimant is a girl, aged 9 at the time of the accident. She sustained a crush injury on the left ring finger in a motor accident that occurred on May 11, 2005 at about 7.40 p.m. 2. The accident occurred when she was getting down from a bus bearing registration No.KL-11.S-1575, the door of the bus hit on the petitioner and her left ring finger was crushed and tip of the finger was amputated. Claiming a compensation of Rs.1,75,000/-, she filed the O.P. under section 166 of the Motor Vehicles Act through her guardian father, alleging negligence against the second respondent driver of the bus. First respondent owner of the offending bus remained absent before the Tribunal. Second MACA 1758/2009 2 respondent-driver admitted the accident but attributed negligence to the claimant. Third respondent insurer of the offending bus admitted the policy. Exts. A1 to A4 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal awarded a compensation of Rs.13,250/- with interest at the rate of 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. 3. Heard learned counsel for the claimant and learned counsel for the Insurance Company. 4. 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. 5. The Tribunal awarded a total compensation of MACA 1758/2009 3 Rs.13,250/-. Break up of the compensation awarded is as under:- Medical treatment : Rs. 2,000/- Pain and suffering : Rs. 4,000/- and incidental charges. Transportation : Rs. 500/- Disability caused : Rs.6,750/- ------------------ Total : Rs.13,250/- ======= 6. The learned counsel for the appellant sought enhancement of compensation awarded for disability caused, loss of amenities and enjoyment in life and for pain and suffering endured by the claimant. 7. The Tribunal took income of the claimant as Rs.750/- per month, took percentage of disability as 5%, adopted a multiplier of 15, as shown in Second Schedule of the Motor Vehicles Act, and awarded a compensation of Rs.6,750/- for the disability caused. The monthly income taken by the Tribunal appears to be very low. We feel that at least Rs.1,500/- can be taken as monthly income of the claimant. Percentage of disability taken as 5% by the MACA 1758/2009 4 Tribunal appears to be reasonable, as in the Schedule of the Workmen's Compensation Act, percentage of injury for such an injury is 5%. Multiplier adopted by the Tribunal 15 is also reasonable. Thus calculated for the disability caused, the claimant is entitled to an additional compensation of Rs.6,750/-. 8. The Tribunal awarded Rs.4,000/- for pain and suffering endured by the claimant, which appears to be very low. Taking into consideration the nature of the injury sustained, we feel that a compensation of Rs.10,000/- would be reasonable on this count. 9. No compensation is seen awarded for the loss of amenities and enjoyment in life. The tip of the left ring finger of the claimant was amputated. Therefore, we feel that for loss of amenities and enjoyment in life, a compensation of Rs.15,000/- would be adequate. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. MACA 1758/2009 5 10. In the result, the claimant is found entitled to an additional compensation of Rs.27,750/-. She is entitled to interest @ 7% from the date of petition till realization. The third respondent, being the insurer of the offending bus 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