IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 MACA.No. 561 of 2004() ---------------------- OPMV.220/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER: ----------------------------------- PHILOMINA, W/O. SCARIA, AGED 42 YEARS, PARAVARAKATH HOUSE, CHOYIMADA, MATTARA, VAYATHOOR AMSOM, DESOM, VETTIYAMTHODE, KANNUR. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): RESPONDENTS 1 & 3 --------------- 1. P.C. CHANDRAN, S/O. UNNI, PUTHANPURAYIL VEEDU, VELLITHODE P.O., KILIYANTHARA, KANNUR DISTRICT. 2. THE MANAGER, NEW INDIA ASSURANCE CO.LTD. THALASSERY. ADV. SRI.P.MURALEEDHARAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 561 of 2004 ------------------------------------------------------ Dated: FEBRUARY 10, 2010 JUDGMENT Barkath Ali, J. The challenge in this appeal under sec.173 of the Motor Vehicles Act by the claimant is to the judgment and award of the Motor Accidents Claims Tribunal, Thalassery in OP(MV) 220/1998 dated June 2, 2003 awarding a compensation of Rs.1,10,075/- for the loss caused to the claimant on account of the injuries sustained in a motor accident. The facts in brief are these: On May 1, 1997 while the appellant/claimant was travelling in a jeep bearing registration No.KLM 6002 along the public road at Iritty, due to the negligence on the part of the 2nd respondent, the driver of the jeep, it hit against a telephone post on the side of the road and capsized. The claimant sustained serious injuries on the hip. She was a daily labourer aged 37 and used to earn Rs.2250/- per month. She has claimed a compensation of Rs.2 lakhs. 3. Respondents 1 and 2, the owner and the driver of the offending jeep, remained absent and were set ex parte before the Tribunal. The 3rd respondent, insurer of the offending vehicle, admitted the policy, but disputed the liability. M.A.C.A. 561 of 2004 2 4. PWs.1 and 2 were examined and Exts.A1 to A10 and X1 were marked on the side of the appellant before the Tribunal. The Tribunal on an appreciation of evidence found that the accident occurred due to the negligence on the part of the 2nd respondent, and awarded a compensation of Rs.1,10,075/- with interest at 9% per annum and proportionate costs. The claimant has now come up in appeal for enhancement of compensation. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 2nd respondent is also not challenged in this appeal. Only the quantum of compensation awarded by the Tribunal is disputed in this appeal. Therefore the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 6. Ext.A3 is the copy of the wound certificate, Ext.A4 is the discharge card, Ext.A5 is the treatment certificate and Ext.A6 is the referral OP ticket. Exts.A3 to A6 shows that the appellant/claimant sustained the following injuries:- mal-united fracture of the pelvis with severe displacement of the fragments and total disruption of the pelvic ring. There is gross upward overriding of the ilium and acetabulum on the right side, with shortening of the right lower limb by one inch, there is displacement of the public bones and pubic M.A.C.A. 561 of 2004 3 symphysis distorting the urethra. There is dislocation and disrupting of the right sacroiliac joint. She has now persistent back pain and pain on right gluteal region, and restriction of flexion and external rotation of right hip. She has limping and difficulty in walking for long distances and standing for a prolonged period. She also has difficulty in passing urine and increased frequency of urine. 7. We have also perused the certificate issued from the Co- operative Hospital, Thalassery and the certified copy of the deposition of the doctor, PW.2, furnished by the counsel for the appellant. PW.2 has clearly testified in terms of the certificate Ext.A10. Ext.X1 certificate of disability issued by the Medical Board shows that she has disability of 20%. 8. The Tribunal has awarded compensation as follows:- Transportation Rs. 750 bystander's expenses 1,950 extra nourishment 1,500 loss of earnings 7,500 treatment 11,375 pain and suffering 15,000 loss of future earning 48,000 (1250x12x16x20%) M.A.C.A. 561 of 2004 4 loss amenities and enjoyment of life 24,000 ------------------ Total 1,10,075/- ========== 9. The Tribunal has fixed the monthly income of the claimant as Rs.1250/- which appears to be very low. Taking into consideration the fact that she is a daily labourer, we feel that her monthly income can be reasonably fixed at Rs.2000/-. The Tribunal has taken the multiplier as 16 which appears to be reasonable. If calculated at this rate, for the disability caused and for the loss of earning power, the claimant is entitled to a total compensation of Rs.76,800/- (2000x12x16x20%). Therefore, for the disability caused, the claimant is entitled to an additional compensation of Rs.28,800/-. 10. As we have fixed the monthly income of the claimant as Rs.2000/-, towards loss of earnings for about six months she is entitled to a compensation of Rs.12,000/-. Therefore on this court the claimant is entitled to an additional compensation of Rs.4500/-. 11. For the pain and suffering the Tribunal has awarded Rs.15,000/- which appears to be very low. Taking into consideration the nature of the injuries sustained and the period of treatment the claimant has undergone, we feel that a compensation of Rs.30,000/- is M.A.C.A. 561 of 2004 5 reasonable for pain and suffering endured by the claimant. Therefore on this count the claimant is entitled to an additional compensation of Rs.15,000/-. 12. For loss of amenities/enjoyment of life, Rs.24,000/- was awarded by the Tribunal. Having regard to the nature of the injuries sustained and the period of treatment the applicant has undergone, we feel that a compensation of Rs.35,000/- will be reasonable on this count. Therefore on this count the claimant is entitled to an additional compensation of Rs.11,000/-. 13. Thus the claimant is entitled to an additional compensation of Rs.59,300/-. She is entitled to interest at the rate of 9% per annum from the date of petition till realisation. The 3rd respondent shall deposit the amount before the Tribunal within one month from this date. The claimant is also entitled to proportionate costs. The appeal is disposed of as found above. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-