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 8TH FEBRUARY 2010 / 19TH MAGHA 1931 MACA.No. 1014 of 2006() ----------------------- OPMV.3619/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER: ----------------------------------- P.C. RAMACHANDRAN, AGED 35 YEARS, S/O. CHANDU, PONKANDATHIL HOUSE, EZHUPUNNA P.O., CHERTHALA AND NOW RESIDING AT C/O.SILPA CONSTRUCTIONS, ERNAKULAM NORTH, COCHIN-18. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): RESPONDENTS: --------------------------- 1. JAMES GEORGE, S/O. A.V.GEORGE, JAMES VILLA, VAZHAMUTTAM P.O., OMALLOOR P.O., PATHANAMTHITTA. 2. THANKAPPAN, S/O. VAVA, THAYIL HOUSE, WARD NO.IV, KADAKKARAPPALLY, VETTAKAL, CHERTHALA. 3. NATIONAL INSURANCE COMPANY LTD., BY ITS REGL. MANAGER, REGL. OFFICE,MUTHOOR TOWERS, M.G. ROAD, COCHIN-35. ADV. SMT.SARAH SALVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A.1014 of 2006 ------------------------------------------------------ Dated: FEBRUARY 8, 2010 JUDGMENT Barkath Ali, J. The challenge in this appeal under sec.173 of Motor Vehicles Act by the claimant in OP(MV) 3619/1998 of Motor Accidents Claims Tribunal, Ernakulam, is to the judgment and award of the Tribunal dated June 30, 2005 granting a compensation of Rs.29,500/- for the loss caused to the claimant on account of the injury sustained in a motor accident. 2. The facts in brief are these:- On May 31, 1998 at about 8.45 p.m. while the claimant was walking along Kumbalanghi Ferry - Thuravoor main road, a bus bearing registration No.KL-3/6300 driven by the 2nd respondent came at a high speed from behind and knocked him down. The appellant sustained fracture of both bones left leg. The accident occurred due to the rash and negligent driving of the offending bus by its driver, 2nd respondent. First respondent was the owner and respondent No.3 was the insurer of the offending bus at the time of the accident. He was a concrete worker aged 27 and used to earn Rs.4500/- per month. He has claimed a compensation of Rs.1,50,000/-. 3. First respondent, owner of the offending bus, remained absent and was set ex parte by the Tribunal. No vakalath was filed M.A.C.A.1014 of 2006 2 for the 2nd respondent, driver of the offending vehicle. Only the 3rd respondent, insurer of the offending vehicle, contested the matter. The 3rd respondent admitted the policy, but contended that the compensation claimed is excessive. 4. No evidence was adduced either by the claimant or by the contesting 3rd respondent before the Tribunal. On the side of the claimant ExtsA1 to A9 were marked. On an appreciation of evidence the Tribunal awarded Rs.29,500/- with interest at 7.5% and proportionate costs. Dissatisfied by the quantum of compensation warded, the claimant has now come up in appeal. 5. Heard counsel for the appellant and for the 3rd respondent, Insurance Company. 6. The accident is not disputed. It is also not in dispute that the accident occurred due to the rash and negligent driving of the offending bus by the 2nd respondent. Only the quantum of compensation awarded by the Tribunal was disputed by the claimant. Therefore the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded compensation as follows:- Transport to hospital - Rs.250/- Damage to clothings - 250 extra nourishment - 250 attendant expenses - 250 Medical expenses - 5,500 M.A.C.A.1014 of 2006 3 loss of earnings (1500 x 2) 3,000 pain and suffering - 10,000 loss of amenities of life - 5,000 Disability - 5,000 ---------------- Total 29,500/- ========== 8. For the disability caused, the Tribunal awarded only a lump sum amount of Rs.5,000/- which appears to be very low, taking into account the fact that the claimant was a concrete worker. The claimant sustained a compound comminuted fracture of both bones of left leg, lacerated wound on the lateral aspect of left leg and wound debridement and suturing were done as seen from Ext.A4 wound certificate issued from the Medical Trust Hospital, Ernakulam. Ext.A5 series are the medical bills for Rs.4182.72. Ext.A6 taxi bills are for Rs.1250/-. The disability certificate issued shows that the claimant has suffered a permanent disability of 14%. Taking into account the fact that the claimant was a concrete worker, we feel that his permanent disability can be assessed at 10%. Even as a 'coolie' he would have earned Rs.100/- per day. Therefore his monthly income, in our view, can be assessed at Rs.2500/-. The proper multiplier that can be adopted for this age group is 16. Thus calculated, for the disability caused and for the loss of earning power, the claimant is entitled to Rs.48,000/- (10% of Rs.2500 x 12 x 16). Thus, on this count the claimant is entitled to an additional compensation of M.A.C.A.1014 of 2006 4 Rs.48000/-. 9. The Tribunal has awarded loss of earning Rs.3000/- for two months at the rate of Rs.1500/- per month. The claimant has sustained comminuted fracture of both bones of left leg. Therefore he must have been laid up for four months. As we have taken the monthly income of the claimant as Rs.2500/-, on this count the claimant is entitled to compensation of Rs.10,000/- at the rate of Rs.2500/- for four months. Thus, he is entitled to an additional compensation of Rs.7,000/- on this count. 10. Thus, the appellant/claimant is entitled to an additional compensation of Rs.55,000/-. He is entitled to interest at the rate of 7.5% per annum from the date of petition till realisation and proportionate costs. The 3rd respondent, insurer of the offending vehicle, shall deposit the amount within one month from this date before the Tribunal. The appeal is disposed of as found above. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-