IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 MACA.No. 222 of 2006() ---------------------- OPMV.2931/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER ---------------------------------- THANKAPPAN, S/O.SANKARAN, KUTTOOKKARAN HOUSE, AMALA P.O., CHOORAKKATUKKARA, THRISSUR DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.SREEKANTH.K.R SMT.THARA THAMBAN RESPONDENTS/RESPONDENTS --------------- 1. K.K.BABU, S/O.KUNJUNNI, KURIAKKOT HOUSE, AMBAKKAD, P.O.PUZHAKKAL, THRISSUR DISTRICT. 2. THE NEW INDIA ASSURANCE CO LTD., PERINCHERY BUILDING, ROUND NORTH, THRISSUR. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.222 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.2931/2004 on the file of Motor Accidents Claims Tribunal, Thrissur. In this appeal, he challenges the judgment and award of the Tribunal dated October 25, 2004 awarding a compensation of Rs.49,500/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained Type I open fracture left ankle in that accident that occurred on May 6, 2000 at about 11.a.m. 2. The accident happened while the claimant was pillion riding on a Kinetic Honda bearing Reg.No.KL 8/N 4087 ridden by the first respondent along Thrissur-Kunnamkulam public road. When he reached at Poonkunnam, the vehicle hit against a granite stone and as a result of which the claimant fell down and sustained serious injuries. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166(1) of Motor Vehicles Act MACA.No.222/2006 2 claiming a compensation of Rs. 1,50,000/-. 3. Respondent No. 1, the owner-cum-rider of the offending vehicle filed a written statement admitting the accident, but denied the liability. The second respondent, the insurer of the offending vehicle filed a written statement admitting the policy. 4. PW1 was examined and Exts.A1 to A10 were marked on the side of the claimant before the Tribunal. Ext.B1 was marked on the side of the contesting second respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent riding of the offending vehicle by first respondent and awarded a compensation of Rs.49,500/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.1,300/-. 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 accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the first MACA.No.222/2006 3 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.49,500/-. The break up of the compensation amount awarded is as under: Loss of earning - Rs.10,500/- Medical expenses - Rs.16,000/- Pain and suffering - Rs.10,000/- Loss of amenities - Rs. 8,000/- Disability - Rs. 5,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused and on other heads. 9. The Tribunal took the monthly income of the claimant as Rs.500/- and awarded Rs. 5,000/- for the disability caused which appears to be very low. The claimant was aged 38 at the time of the accident. Therefore, a multiplier of 16 would be reasonable in this case. According to the claimant, he was employed in Puzhakkal Milk Co-operative Society earning Rs.2,000/- per month. Ext.A10 is his salary certificate. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at MACA.No.222/2006 4 Rs. 2,000/-. The disability of 5% adopted by the Tribunal appears reasonable, though in Ext.A8 the doctor has certified the disability at 9%. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs. 19,200/- ( 5% x 2000 x 12 x 16). Thus on this count, the claimant is entitled to an additional compensation of Rs.14,200/-. 10. The Tribunal awarded Rs.10,000/- for pain and suffering endured and Rs.8,000/- 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. 15,000/- for pain and suffering endured and Rs.10,000/- for loss of amenities and enjoyment in life would be reasonable. 11. There is another aspect in this case. The Tribunal awarded Rs. 10,500/- towards loss of earnings for 21 months @ Rs. 500/- per month. As we have fixed the monthly income of the claimant as Rs. 2,000/-, he is entitled to a compensation of Rs. 42,000/- towards loss of earnings. Thus on this count, the claimant is entitled to an additional compensation of Rs. 31,500/-. As regards the compensation MACA.No.222/2006 5 awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 12. 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. 13. In the result, the claimant is found entitled to an additional compensation of Rs. 52,700/-. He is entitled to interest @ 9% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation and proportionate cost. The second 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.222/2006 6