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. 603 of 2005() ----------------------------------- OP(MV) .140/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER: --------------------------------------------------------------- LIMSON M.A., S/O. LATE ANTHONY, MOZHIPARAMBIL HOUSE, CHOVOOR P.O., THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENT(S): RESPONDENTS: --------------------------------------------------- 1. BABURAJAN V.G., S/O. GOPALAN, VELAKKAT HOUSE, NATTIKA BEACH P.O., THRISSUR. 2. SWAYANANDHA BABU, S/O. VELAYUDHAN, CHERKKARA THANDYAN HOUSE, VATTANAPPILLY P.O., THRISSUR. 3. THE NEW INDIA ASSURANCE CO. LTD., NATTIKA, THRISSUR. R3 BY ADV. SRI.V.P.K.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 603 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 17th February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.140 of 1997 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. In this appeal he challenges the judgment and award of the Tribunal dated June 27, 2003 awarding a compensation of Rs.65,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on October 18, 1996 at 11 a.m. at Cherpu. While the claimant was riding a motor cycle bearing registration No.KL-8/A-4943 along the Thrissur – Triprayar public road he was knocked down by a car bearing registration No.KL-8/A 7626. He sustained serious injuries. Alleging negligence against the 2nd respondent, driver of the offending car, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.1,85,000/-. 3. Respondents 1 to 3 are the owner, driver and MACA 603/2005 2 insurer of the offending car. The 1st respondent remained absent and he was set ex parte by the Tribunal. The 2nd respondent though entered appearance did not file any written statement. The 3rd respondent the insurer of the offending car filed a written statement admitting the policy of the vehicle. 4. PWs.1 and 2 were examined and Exts.A1 to A10 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the 2nd respondent driver of the offending car and awarded a compensation of Rs. 65,000/- with interest @ 9% p.a. from the date of petition till realization and The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence MACA 603/2005 3 on the part of the 2nd respondent driver of the offending car is not seriously 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.65,000/-. Break up of the compensation awarded is as under:- Loss of earning : Rs. 9,000 Transportation expenses : Rs. 1,000 Medical expenses : Rs. 15,000 Bystander's expenses : Rs. 500 Loss of earning power : Rs. 30,600 Pain and suffering : Rs. 5,000 Loss of amenities, : Rs. 4,000 discomforts suffered and inconvenience caused. ------------------ Total : Rs.65,100 Rounded : Rs. 65,000 ======= 8. The learned counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. 9. The claimant sustained the following injuries in the accident:- MACA 603/2005 4 1) Lacerated wound right parietal region . 2) Multiple abrasions leg and knee 3 P rieto-occipital subdural haematoma. 3) Sub archnoid haemorrage and extra dural haematoma. 10. The Tribunal took the monthly income of the claimant as Rs.1,500/-, took the percentage of disability as 10%, adopted multiplier of 17 and awarded a compensation of Rs.30,600/- for the disability caused. The claimant was aged 24 at the time of the accident and he claims to be a Carpenter. Taking into consideration the above aspect, we feel that his monthly income can reasonably be fixed at Rs.2,000/- per month. Percentage of disability assessed by the Tribunal as 10% and as certified by PW2 the doctor in Ext.A10 and multiplier of 17 adopted by the Tribunal, as the claimant was aged 24 at the time of the accident, are not seriously challenged in this appeal. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 40,800/- (Rs.2,000/ x 12 x 17x10%) MACA 603/2005 5 Thus the claimant is entitled to an additional compensation of Rs. 10,200/- on this count. 11.The Tribunal awarded Rs.4,000/- for loss of amenities and enjoyment in 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. 12. The Tribunal awarded a sum of Rs.9,000/- towards loss of earning for six months at the rate of Rs. 1,500/- per month. As we have fixed monthly income of the claimant as Rs.2,000/-, he is entitled to a compensation of Rs.12,000/- 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. 13. In the result, the claimant is found entitled to an additional compensation of Rs.19,200/- with interest @ 7.5% per annum from the date of petition till realization and proportionate cost. The appeal is seen filed with a delay of 503 days. The claimant is not entitled to interest during that MACA 603/2005 6 period. The 3rd respondent 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