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 3RD JANUARY 2011 / 13TH POUSHA 1932 MACA.No. 545 of 2007() ----------------------------- OPMV.374/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER ----------------------------- BAIJU, S/O. THANKACHAN, THOTTATHIL HOUSE, VEROOR KARA, ENACHIRA BHAGOM, CHETHIPUZHA VILLAGE. BY ADV. SRI.K.A.HASHIM RESPONDENT(S): RESPONDENTS --------------------------------------- 1. SHAJI P. KURIAN, S/O. KURIAN MATHEW, PUTHENPURACKAL HOUSE, KOONANTHANAM BHAGOM, VEROOR KARA, CHETHIPUZHA VILLAGE. 2. SATHYANATHAN RAJAN, MADATHIPARAMBIL, MADOOR, THUKKALASSERY, THIRUVALLA. 3. THE UNITED INDIA INSURANCE CO. LTD., 2ND FLOOR, DOCTOR'S TOWER, P.B.NO.78, CHANGANACHERRY. R3 BY ADVS. SRI.RAJESH THOMAS THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs A.K.BASHEER & P.Q. BARKATH ALI, JJ. ================================== M.A.C.A. No. 545 of 2007 ================================= Dated this the 3rd day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.374 of 2002 on the file of the Motor Accidents Claims Tribunal, Kottayam. In this appeal he challenges the judgment and award of the Tribunal dated October 17, 2006 awarding a compensation of ` 1,35,750/- for the loss caused to the claimant on account of the injuries sustained by him in a motor accident. 2. The accident happened on December 24, 2001, while the claimant was riding his scooter along Chethipuzha Enara road. When he reached near St.Thomas Hospital at Chethipuzha, he was knocked down by a car bearing registration No.KRB 1548 driven by the first respondent. He sustained a compound fracture on both bones of right leg. Alleging negligence against the 1st respondent, the claimant filed the 2 M.A.C.A. No. 545 of 2007 Original Petition before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of ` 1,50,000/-. 3. Respondents 1 and 2, the driver and owner of the offending vehicle, remained absent before the Tribunal. The 3rd respondent Insurance Company filed a written statement admitting the policy, but attributed negligence on the part of the claimant. Exts.A1 to A14 were marked on the side of the claimant. No evidence was adduced by the contesting third respondent. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence on the part of the 1st respondent and awarded a compensation of ` 1,35,750/- with interest @ 10% p.a. from the date of petition till realization. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. 5. The accident is not disputed. The finding of the 3 M.A.C.A. No. 545 of 2007 Tribunal that the accident occurred due to the negligence on the part of the first respondent and that claimant sustained the above mentioned injuries in the accident are not challenged in this appeal. Therefore the question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 6. The Tribunal awarded a total compensation of ` 1,35,750/-. Break up of the compensation awarded is as under :- Pain and suffering : ` 25,000/- Loss of earnings for six months : ` 15,000/- Treatment expenses : ` 30,050/- Transportation expenses : ` 2,000/- Damage caused to clothing : ` 500/- Loss of amenities and enjoyment in life : ` 20,000/- Extra nourishment : ` 3,000/- Disability : ` 35,700/- By-standers : ` 4,500/- ------------------ Total : ` 1,35,750/- ========= 7. The counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. The 4 M.A.C.A. No. 545 of 2007 Tribunal took the monthly income of the claimant as ` 2,500/-, and took the percentage of disability as 7% and took the multiplier as 17 and awarded a compensation of ` 35,700/- towards disability caused. The claimant was a driver. According to him, he used to earn ` 3,700/- per month and he was aged 23 at the time of the accident. Ext.A13 is the copy of his driving licence and Ext.A14 is his employment certificate. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at ` 3,000/-. The claimant has now shortening of 2 cm. of right leg, difficulty in squatting, restriction of movements on right ankle to the right knee and there was angulation on right tibia and fibula. Taking into consideration the above aspect, we feel that the disability can be assessed at 10%. The multiplier adopted by the Tribunal as 17 is not seriously challenged. Thus calculated for the disability caused, claimant is entitled to a compensation of ` 61,200/- (10% of 3000x12x17). Thus, on this count, the claimant is entitled to an additional compensation of ` 25,500/-. 5 M.A.C.A. No. 545 of 2007 8. The Tribunal awarded a compensation of ` 25,000/- for the pain and suffering endured by the claimant. Taking into account the nature of the injury sustained we feel that an additional compensation of ` 20,000/- would be reasonable on this count. 9. There is another aspect in this case. The Tribunal awarded loss of income for six months ie. , ` 15,000/- @ ` 2,500/- per month. We have fixed the monthly income of the claimant as ` 3,000/-. Therefore towards the loss of earnings, he is entitled to a compensation of ` 18,000/-. Thus on this count, he is entitled to an additional compensation of ` 3,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 10. Tribunal awarded interest only @ 6% which appears to be very low. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realisation on the compensation amount already awarded and for the enhanced 6 M.A.C.A. No. 545 of 2007 compensation. 11. Thus the claimant is entitled to an additional compensation of ` 48,500/-. He is entitled to interest 7.5% per annum from the date of petition till realisation on the compensation amount already awarded and for the enhanced compensation. 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 with a notice to the claimant. The appeal is disposed of as pointed above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. ami/