IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 MACA.No. 2032 of 2005(B) ------------------------------- OPMV.745/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANTS/CLAIMANTS. ------------------------------- K.GOPALAKRISHNAN, AGED 60 YEARS, S/O. M.KESAVAN, RESIDING AT `REVATHY', THEKKUMURI, KALLEPPULLY, PALAKKAD. BY ADV. SRI.K.ANAND RESPONDENT(S): RESPONDENTS. --------------------------------------- 1. SADSSIVAN, S/O. THEETHUNNI, AGED 50 YEARS, RESIDING AT THAZHATHEVEEDU, VENOLI, PUDUSSERY, PALAKKAD, (RIDER CUM OWENR OF MOTOR CYCLE NO: TN-41/1876, D.L.NO.2548/87). 2. THE ORIENTAL INSURANCE CO.LTD., SHOBHA T.S.M.COMPLEX, 11ND FLOOR, V.H.ROAD, PALAKKAD. R1 BY ADV. SRI.K.P.BALAGOPAL R2 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE ADV. SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 2032 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 11th day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.745 of 1995 on the file of the Motor Accidents Claims Tribunal,Palakkad. In this appeal he challenges the judgment and award of the Tribunal dated July 28, 2005 awarding a compensation of Rs.50,750/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The claimant sustained the following injuries in the accident :- “1) Compound fracture left fore-arm. 2) Lacerated wound on the left fore-arm 1 x 1 cm. 3) Fracture redius and ulna left. 4) Communited compound ulna. 5) Open reduction with IM 6) Nailing and bone grafting done under general anesthesia.” MACA 2032/2005 2 3. The accident happened on January 1, 1995 at about 7 p.m.. While the claimant was riding his scooter bearing registration No.KEH/67308 from Kanjikode to Palakkad and when he reached near Narugampully Bridge, a motor cycle bearing registration No.TN 41/1876 ridden by the 1st respondent dashed against the scooter, as a result of which the claimant was thrown on the road and sustained serious injuries. Alleging negligence against the 1st respondent, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.1,50,000/-. 4. Respondents 1 and 2 are the owner-cum-rider and the insurer respectively of the motor cycle. The 1st respondent filed a written statement denying the incident. The 2nd respondent insurer of the motor cycle filed a written statement admitting the policy but disputed the validity of the driving licence and other documents. 5. PWs.1 to 3 were examined and Exts.A1 to A16 were marked on the side of the claimant. Rws.1 and 2 were MACA 2032/2005 3 examined and Exts.B1 to B4 were marked on the side of the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence on the part of 1st respondent and awarded a compensation of Rs.50,750/- with interest @ 6% p.a. from the date of petition till realization. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 6. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. 7. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 1st respondent 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. 8. The Tribunal awarded a total compensation of Rs.50,750/-. Break up of the compensation awarded is as under:- MACA 2032/2005 4 Transport to hospital : Rs. 3,000 Damage to clothing : Rs. 250 Extra nourishment : Rs. 3,500 Medical expenses : Rs. 6,000 Pain and suffering : Rs.10,000 Permanent disability : Rs.28,000 ------------------ Total : Rs.50,750 ======= 9. The learned counsel for the appellant/claimant sought enhancement of compensation for the disability caused and on other heads. 10. The Tribunal took the monthly income of the claimant as Rs.3,500/-, took the percentage of disability as 6%, adopted a multiplier of 11 and awarded Rs.27,720/- towards disability caused. At the time of the accident the claimant was employed as a Foreman in Instrumentation Ltd., Kanjikode. and earning Rs.4,788/-, as revealed from Ext.A12 certificate issued by the Deputy Manager of the company. The Tribunal took the monthly income of the claimant as Rs.3,500/- for assessing compensation for the disability, which appears to be reasonable. Multiplier MACA 2032/2005 5 adopted by the Tribunal as 11 is not seriously challenged. Regarding the disability caused, in Ext.X1 certificate issued by the Medical Board it is stated that the claimant suffered disability of 11%. PW2 is one of the signatory to Ext.X1. The claimant has now mal-union of radius, cross union of radius and ulna with restriction of supination and pronation. Therefore, we feel that his percentage of disability can be fixed at 9%. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.41,580/-. (Rs.3,500/- x 12 x 11 x 9%). Thus the claimant is entitled to an additional compensation of Rs.13,580/- on this count. 11. The Tribunal awarded interest @ 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 realization for the compensation already awarded and also for the enhanced compensation. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. MACA 2032/2005 6 12. In the result, the claimant is found entitled to an additional compensation of Rs.13,580/-. He is entitled to interest @ 7.5% per annum from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. The 2nd respondent insurer of the offending vehicle 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