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 30TH AUGUST 2010 / 8TH BHADRA 1932 MACA.No. 253 of 2005 ---------------------- OPMV.501/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER IN OP(MV): --------------------------------------------- JAYASANKAR, S/O. DIVAKARA KURUP, CHAKKAN CHATHU HOUSE, IRINJALAKUDA P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV): ------------------------------------- 1. T.P.THOMAS, THODUPARAMBIL HOUSE, MANAKULANGARA, KODAKARA P.O. 2. BABU, S/O. JOHNY, KALIKKADAN HOUSE, MALA P.O. 3. THE UNITED INDIA INSURANCE CO., PRESIDENT BAZAR, KURUPPAM ROAD, THRISSUR. ADV. SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 253 of 2005 ------------------------------------------------------ Dated: AUGUST 30, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in OP(MV) 501/1997 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. He was aged 27 at the time of the accident and was employed in Althara Kuries Pvt. Ltd., Irinjalakuda, earning a monthly salary of Rs.2365/-. He sustained the following injuries in a motor accident that occurred on December 12, 1996 at about 8.15 p.m. “1. Irregular lacerated wound over outer aspect of right knee. 2. Compound comminuted fracture shaft of femur right. 3. Comminuted fracture patella right with open knee injury.” 2. The accident happened while the motorcycle bearing registration No.KEH 4301 in which he was pillion riding, he was knocked down by the bus bearing registration No.KL-8/5900 driven by the 2nd respondent at Chevoor. Alleging negligence against the 2nd respondent, the claimant filed the OP before the Tribunal under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.8 lakhs. 3. Respondents 1 and 2, the owner and the driver of the offending bus, remained absent before the Tribunal. The 3rd M.A.C.A. 253 of 2005 2 respondent, insurer of the offending vehicle, filed a written statement admitting the policy, but contended that that there was also negligence on the part of the rider of the motorcycle. 4. PWs.1 and 2 were examined and Exts.A1 to A19 were marked on the side of the claimant before the Tribunal. On the side of the contesting 3rd respondent, Ext.B1 was marked. On an appreciation of evidence the Tribunal found that the accident happened due to the negligence of the 2nd respondent and awarded a total compensation of Rs.2,60,446/- with interest at the rate of 6% 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 break up of the compensation amount awarded is as under: loss of earnings Rs.6000/- transportation 600/- extra nourishment and wages to attendant. 4900/- treatment 84357 + 9989/- pain and suffering 15000/- permanent disability and loss of earning capacity 129600/- loss of amenities 10000/- 7. Counsel for the claimant sought enhancement of the M.A.C.A. 253 of 2005 3 compensation for loss of amenities and enjoyment of life, for pain and suffering endured by the claimant and for the disability caused. 8. The Tribunal took the monthly income of the claimant as Rs.2000/-, the percentage of disability as 30% and adopted a multiplier of 18 and awarded Rs.1,29,600/- for the disability caused. As the claimant was employed in a company, we feel that his monthly income can be reasonably fixed at Rs.2500/-. The percentage of disability assessed by the Tribunal as well as the multiplier adopted are not seriously challenged. Thus calculated, for the disability caused the claimant is entitled to a compensation of Rs.1,62,000/-. Thus on this count he is entitled to an additional compensation of Rs.32400/-. 9. The Tribunal awarded a compensation of Rs.15000/- for the pain and suffering endured by the claimant, which appears to be quite inadequate. Taking into account the nature of the injuries sustained, we feel that an additional compensation of Rs.10,000/- would be reasonable on this count. 10. The Tribunal awarded a compensation of Rs.10,000/- for the loss of amenities and enjoyment of life. Having regard to the nature of the injuries sustained, we feel that an additional 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. M.A.C.A. 253 of 2005 4 11. Thus the claimant is entitled to an additional compensation of Rs.52400/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and for the enhanced compensation and proportionate cost. The 2nd 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 mt/-