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 24TH MARCH 2010 / 3RD CHAITHRA 1932 MACA.No. 1486 of 2005() --------------------------------- OPMV.3178/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- ANTO PAUL, S/O.PAUL, CHAZHOOR HOUSE, MANNUTHY P.O., OLLUKKARA VILLAGE, THRISSUR TALUK. BY ADV. SRI.DILIP J. AKKARA RESPONDENT(S): RESPONDENNTS --------------------------- 1. MUHAMMED NAZEER, S/O.MOHAMMEDKUNJU, M.K.MANZIL, VATTAPPALLY WARD, THIRUVAMPADY P.O., ALAPPUZHA DISTRICT. 2. SAHANAN, S/O.VASU, KOZHIPARAMBIL HOUSE, MUHAMMA DESOM, THANNERMUKKAM VILLAGE, ALAPPUZHA DISTRICT. 3. THE NATIONAL INSURANCE CO LTD., P.B.NO.3805, NEAR Y.M.C.A. JUNCTION, ALLAPPEY-688 010. R3 BY MR .MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BAHSEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 1486 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 24th day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV) No.3178 of 2000 of Motor Accidents Claims Tribunal, Thrissur challenges the award of the Tribunal dated August 3, 2004, awarding a compensation of Rs.1,56,400/- for the loss caused to him, on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal, in brief, are these:- The claimant was aged 36 at the time of the accident and used to earn Rs.4,000/- p.m. as a Goldsmith, according to him. On July 16, 2000 at about 3.50 p.m. while he was riding his motor cycle bearing registration No. KL-8/L 9503 along Palakkad - Thrissur NH-47, a mini bus bearing registration No.KL-04/E 2844, driven by the second MACA 1486/2005 2 respondent, came at a high speed from the opposite side and dashed against the motor cycle of the claimant. The claimant sustained serious injuries. According to the claimant, the accident occurred due to the rash and negligent driving of the offending mini bus by the second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending mini bus are jointly and severally liable to pay compensation to the claimant. The claimant claimed a compensation of Rs.4 lakhs. 3. Respondents 1 and 2, the owner and the driver of the offending mini bus remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending mini bus filed a written statement, admitting the policy and further contending that the accident occurred due to the negligence on the part of the claimant. 4. Claimant was examined as PW1 and Exts.A1 to A10 were marked on the side of the claimant before the Tribunal. The Tribunal, on an appreciation of evidence, MACA 1486/2005 3 awarded a compensation of Rs.1,56,400/-. 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 Insurance Company. 6. 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, driver of the offending mini bus, 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 Tribunal awarded a total compensation of Rs.1,56,400/-. Break up of the compensation amount awarded is as under : Loss of earning : Rs.12,000/- Medical expenses : Rs.51,000/- including transport to hospital, extra nourishment and personal attendants. Pain and sufferings : Rs.18,000/- Loss of amenities and : Rs.17,000/- MACA 1486/2005 4 enjoyment of life. Disability caused : Rs.38,400/- Loss of earning power : Rs.20,000/- -------------------- Total : Rs.1,56,400/- ======== 8. The learned counsel for appellant sought enhancement of compensation towards the disability caused and loss of earning power. 9. The claimant sustained the following injuries, as revealed from Ext.A2 copy of the wound certificate:- 1) Head injury. 2) Compound fracture to (Rt) temporal bone. 3) Haemotoma on tempro parietal region. 4) Extradual haemotoma. 5) Subdural haemotoma. 6) Injury to (Rt) eye. 7) Extra cerebral haemotoma on (Rt.) temporal region. 8) Injury to (Lt) leg. 9) Injuries and pain all over the body. Ext.A9 disability certificate issued by Neurosurgeon of Medical College, Thrissur shows that the claimant has a permanent disability of 20%. 10. The Tribunal took the monthly income of the claimant as Rs.2,000/-, adopted multiplier of 16 taking into MACA 1486/2005 5 consideration the age of the claimant as 36, and awarded a compensation of Rs.38,400/-. Taking into consideration the fact that the claimant is a Goldsmith and was aged 36 at the time of the accident, we feel that his monthly income can be reasonably fixed at Rs.2,500/-. The multiplier adopted as 16 is not seriously disputed. The Tribunal took disability of the claimant as 10% only. But, in Ext.A9 certificate of disability issued by Neurosurgeon it is certified that the claimant has suffered 20% permanent disability. A copy of the disability certificate is made available to us for perusal. The disability certificate shows that the claimant is now on anticonvulsant medication and he had fits when he stopped the medicine. The claimant has now complaints of occasional headache. and poor memory recall and delay in thought process. Therefore, we feel that 20% disability certified by the doctor in Ext.A9 appears to be correct. Thus for the disability caused, the claimant is entitled to a compensation of Rs.96,000/- (Rs.2,500 x 12 x 16 x 20%). Thus, the claimant is entitled to an additional compensation of MACA 1486/2005 6 Rs.57,600/- on this count. Regarding compensation granted under other heads , we find the same to be just and proper and therefore, we are not disturbing the same. 11. In the result, the claimant is found entitled to Rs. 57,600/- as additional compensation. He is entitled to interest @ 7.5% per annum from the date of petition till realization and proportionate cost. For the compensation awarded also, he is entitled to interest at the same rate. 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. mn.