IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 MACA.No. 741 of 2004() ---------------------- OPMV.2159/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER: ----------------------------------- MURUGAN, S/O. AVANASI APPAN, RESIDING AT ARUMUGHA COUNDANOOR P.O., MARAPPA COUNDER STREET, PEROOR, COIMBATORE. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R RESPONDENT(S): RESPONDENTS: --------------------------- 1. EXECUTIVE ENGINEER, K.S.E.B., MAINTENANCE DIVISION, MADAKKATHARA, THRISSUR DISTRICT. 2. BABU, S/O. KUMARAN, RESIDING AT PALLIKKAT VALAPPIL HOUSE, P.O. MADAKKATHARA, THRISSUR. 3. THE KERALA STATE INSURANCE DEPARTMENT, AYYANTHOLE, THRISSUR. ADV. SRI.N.D.PREMACHANDRAN, SC, KSEB FOR R1 SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 GOVERNMENT PLEADER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON ON 15/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 741 OF 2004 ------------------------------------------------------ Dated: JULY 15, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in OP(MV) 2159/1999 on the file of the Motor Accidents Claims Tribunal, Thrissur. He sustained the following injuries in a motor accident which occurred on September 6, 1999 at about 8.30 a.m. at Vaniampara on the Palakkad - Thrissur road:- “1. Multiple lacerated wounds (3 x 0.5 cm each) and abrasion on left forearm and dorsum of left hand. 2. Fracture radius and ulna left forearm. 3. Multiple abrasions of left leg. 4. Fracture tibia and fibula left leg.” While the claimant was riding motorcycle bearing registration No.TN- 37/S 3620, he was knocked down by a jeep bearing registration No.KL-8/E 4592. He filed the OP under sec.166 of the Motor Vehicles Act claiming a compensation of Rs.2,50,000/- alleging negligence against the 2nd respondent, driver of the jeep. Respondent No.1 was the owner and respondent No.3 was the insurer of the offending jeep. Only the 3rd respondent contested the matter though admitted the policy. 2. The claimant was examined as PW.1 and Exts.A1 to A8 series were marked on his side before the Tribunal. No evidence was adduced by the contesting 3rd respondent. The Tribunal on an M.A.C.A. 741 OF 2004 2 appreciation of evidence awarded a compensation of Rs.1,03,800/- with interest at the rate of 9% per annum from the date of petition till realisation and proportionate costs. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 3. Heard the counsel for the claimant and the counsel for the Insurance Company. 4. The Tribunal awarded a total compensation of Rs.1,03,800/-. The break up of the compensation is as under: loss of earnings - Rs.10,000/- transportation - 1,500/- extra nourishment - 1,000/- damage to clothing - 300/- expenses for treatment and bystander- 41,000/- future treatment - 5,000/- pain and suffering - 20,000/- disability - 25,000/- 5. The Counsel for the claimant sought enhancement of the compensation awarded for the disability caused and for loss of amenities and enjoyment of life. The Tribunal took the monthly income of the claimant as Rs.2000/-, took the percentage of disability as 8%, adopted a multiplier of 18 and awarded Rs.25,000/- for the disability caused. According to the claimant he was conducting a shop M.A.C.A. 741 OF 2004 3 for repairing TV, VCR etc., Taking into consideration the above aspect, we feel that his monthly income can be fixed at Rs.2500/-. Ext.A7 disability certificate shows that he has suffered a disability of 18%. The Tribunal took the percentage of disability as 8% which appears to be reasonable. The multiplier of 18 adopted by the Tribunal is not seriously challenged. Thus calculated, for the disability caused the claimant is entitled to a compensation of Rs.43,200/-. Thus on this count the claimant is entitled to an additional compensation of Rs.18,200/-. 6. There is another aspect in this case. No compensation was awarded for the loss of amenities and enjoyment of life. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.10,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 7. Thus the claimant is entitled to an additional compensation of Rs.28,200/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. The 3rd respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the date of receipt M.A.C.A. 741 OF 2004 4 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 mt/-