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 17TH FEBRUARY 2011 / 28TH MAGHA 1932 MACA.No. 1774 of 2005() ----------------------- OPMV.1908/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- JAYA KUMAR, S/O.A.K.DINAMANI, KANDANKULANGARA HOUSE, C.M.C. 24, NEAR PARADISE THEATRE, CHERTHALA. BY ADV. SRI.P.K.RAMKUMAR RESPONDENTS/RESPONDENTS --------------- 1. BIJU KORAH, S/O.T.J.KORAH, PETHIYAKKAL VEEDU, NEAR TO KOTTAYAM VILLAGE, OFFICE MUTTAMPALAM VILLAGE, KOTTAYAM DISTRICT ( DELETED). 2. LATHA GOPINATHAN, W/O.GOPINATHAN, MANAGING DIRECTOR, CHALLENGER RUBBERS PVT. LTD., INDUSTRIAL ESTATE, UMAGNNALLOOR, KOLLAM. 3. THE KERALA STATE INSURANCE DEPARTMENT, INSURANCE OFFICE, THERRALA PALACE ROAD, THEVALLI, KOLLAM. ( R1 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE CLAIMANT AS PER ORDER DATED 18.9.2006 IN I.A.NO.1735/2006 GOVERNMENT PLEADER SMT.R.BINDU THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1774 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1908/2000 on the file of Motor Accidents Claims Tribunal, Alappuzha. In this appeal he challenges the judgment and award of the Tribunal dated January 31, 2005 awarding a compensation of Rs.1,76,300/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident that occurred on September 23, 2000 at about 8.30.p.m. Fracture humerus ( R) and contusion with small abrasion interior aspect ( L) knee, tenderness over the base of nose, suspected fracture nasal bone etc. Comminuted segmental fracture ( R) humerus and he was treated by closed reduction and U slab. 2. The accident happened while the claimant was travelling in the Tata Sumo bearing Reg.No.KL.2 F/X 7200 driven by the first respondent and when he reached near Ponga Bridge on Alappuzha- Changancherry road, the car dashed against the back side of the lorry MACA.No.1774/2005 2 bearing Reg.No.KL 7C/2512 which was parked on the side of the road. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs.3,00,000/-. 3. First respondent, the owner of the offending vehicle filed a written statement admitting the accident. Respondents 2 and 3, the driver and the insurer of the offending vehicle remained absent before the Tribunal. 4. Pws 1 and 2 were examined and Exts.A1 to A16 were marked on the side of the claimant before the Tribunal. Exts.B1 and B2 were marked on the side of the contesting respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending car by first respondent and awarded a compensation of Rs. 1,76,300/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.3,000/-. 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 MACA.No.1774/2005 3 counsel for the 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 first 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. 7. The Tribunal awarded a total compensation of Rs.1,76,300/-. The break up of the compensation amount awarded is as under: Loss of earning - Rs.12,000/- Medical expenses - Rs.10,000/- Extra nourishment - Rs. 1,000/- Transport to hospital - Rs. 1,000/- Damage to clothing - Rs. 300/- Bystander expenses - Rs. 2,000/- Pain and suffering - Rs 20,000/- Disability - Rs.1,30,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused, for loss of amenities and enjoyment of life, for pain and suffering endured by the claimant and on other heads. 9. The Tribunal took the monthly income of the claimant as MACA.No.1774/2005 4 Rs.2,000/- and took the percentage of disability as 30% and adopted a multiplier of 18 and awarded Rs. 1,30,000/- for the disability caused. The Medical Board has assessed the disability as 50% as seen from Ext.A16 certificate issued by the Board. We have also seen the claimant/appellant. His right hand has become practically useless. Taking into consideration the above aspect, we feel that 50% disability assessed by the Medical Board is reasonable. The claimant was aged 35 at the time of the accident and he was an Automobile worker earning Rs.5,000/- per month, according to him. He has deposed to that effect as PW1. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 3,000/-. The multiplier of 18 taken by the Tribunal is not seriously challenged. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 3,24,000/- ( 50% x 3000 x 12 x 18). Thus on this count, the claimant is entitled to an additional compensation of Rs.1,94,000/-. 10. The Tribunal awarded Rs.20,000/- for pain and suffering endured by the claimant. Taking into consideration the nature of the MACA.No.1774/2005 5 injuries sustained by the claimant, we feel that a compensation of Rs. 30,000/- would be reasonable on this count. 11. No compensation is seen awarded for loss of amenities and enjoyment in life. Having regard to the nature of the injury sustained by the claimant, we feel that a compensation of Rs. 25,000/- would be reasonable on this count. 12. The Tribunal awarded Rs. 12,000/- towards loss of earnings for 6 months @ Rs. 2,000/- per month. As we have fixed the monthly income of the claimant as Rs. 3,000/-, he is entitled to a compensation of Rs. 18,000/- towards loss of earnings. Thus on this count, the claimant is entitled to an additional compensation of Rs. 6,000/-. 13. The claimant produced Ext.A13 series medical bills which comes to Rs.26,383/-. But the Tribunal awarded only Rs.10,000/- for medical expenses on the ground that two bills were for ayurvedic treatment. Taking into consideration the nature of the injury sustained by the claimant, we feel that the entire amount covered by Ext.A13 series bills can be awarded towards medical expenses i.e. Rs. 26,400/-. MACA.No.1774/2005 6 As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 14. The Tribunal awarded interest only @ 6% per annum which appears to be very low. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. 15. In the result, the claimant is found entitled to an additional compensation of Rs. 2,51,400/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation and proportionate cost. 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 sv. MACA.No.1774/2005 7 MACA.No.1774/2005 8