IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 MACA.No. 337 of 2010() ---------------------- OPMV.1340/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT:PETITIONER:- ------------------------------------- JAYAKUMAR,AGED 22 YEARS, S/O.PADMAKUMARI AMMA,KUTTIYILKIZHAKKATHIL, NEAR NETTUVELIL TEMPLE,KADATHOOR, THAZHAVA, KARUNAGAPPALLY. BY ADV. SMT.R.RANJINI RESPONDENT(S): RESPONDENTS IN OPMV ---------------------------------- 1. S.MADHUSSODHANAN PILLAI, VINAYA SADANAM, THAMARAKKULAM P.O., ALAPPUZHA DISTRICT. 2. C.K.UPAGUPTHAN,S/O.CHELLAPPAN, KOTTINATTUPADEETTATHIL, PRAYAR,ALUMPEEDIKA. 3. M/S.ORIENTAL INSURANCE CO.LTD., K.K.ROAD, KAYAMKULAM, ALAPPUZHA DISTRICT. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. = = = = = = = = = = = = M.A.C.A.No.337 of 2010. = = = = = = = = = = = = Dated this the 7th day of October, 2010. J U D G M E N T Barkath Ali, J. Appellant is the claimant in OP(MV)No.1340 of 2002 on the file of the Motor Accidents Claims Tribunal, Kollam. He sustained the following injuries in a motor accident that occurred on April 5, 2002 at 7.45 pm. at Puthentheruvu junction near Kollam:- i) Abrasion Rt side of forehead 6 cm x 3 cm. ii) Abrasion medial malleolus Lt ankle. iii) Abrasion over (R) knee. iv) Diagnosed fracture both bone (L) leg. 2. The accident happened while he was travelling as a pillion rider on a bicycle along Kollam-Alapuzha National Highway, he was knocked down by a car bearing registration No.KLH 7484 driven by the 2nd respondent. MACA.No.337/2010. 2 Alleging negligence against the 2nd respondent the claimant filed the OP before the Tribunal claiming a compensation of Rs.2,00,000/- against respondents 1 to 3 the owner, driver and the Insurer of the offending car. 3. Respondents 1 and 2 the owner and driver of the offending car remained absent before the Tribunal. Respondent No.3 the insurer of the offending vehicle filed a written statement admitting the policy but, attributed negligence on the side of the claimant. 4. The claimant was examined as Pw1 and Exts.A1 to A21 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondent No.3. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the second respondent and awarded a compensation of Rs.89,900/- with interest @7.5% per annum from the date of petition till realisation and proportionate cost. The claimant has now come up in MACA.No.337/2010. 3 appeal challenging the quantum of compensation awarded by the Tribunal. 5. The OP was originally settled before the Tribunal for Rs.52,000/- on September 17, 2003. This Court in WP(C) No.11939/2008 by judgment dated July 30, 2008 set aside that Order and directed the Tribunal to dispose of the case on merits. 6. Heard the counsel for the claimant and the 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 2nd 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. 8. The Tribunal awarded a total compensation of Rs.89,900/-. The break up of the compensation amount awarded is as under: Loss of earning : Rs. 6,000.00 Transportation charges : Rs. 2,000.00 MACA.No.337/2010. 4 Extra nourishment : Rs. 1,000.00 Damages to cloth : Rs. 500.00 Repairing charge of cycle : Rs. 2,670.00 Bystander expenses : Rs. 4,000.00 Medical expenses : Rs. 4,737.00 Pain and suffering : Rs. 20,000.00 Permanent disability : Rs. 48,960.00 ---------------------- Total : Rs. 89,867.00 ---------------------- Rounded to : Rs. 89,900.00 ========= 9. Counsel for the claimant sought enhancement of the compensation towards the disability caused, for pain and suffering and loss of amenities enjoyed in life. Tribunal took the monthly income of the claimant at Rs.2,000/- and took the percentage of disability as 12% and adopted a multiplier of 17 and awarded Rs.48,960/- for the disability caused. According to the claimant, he was a coolie. Taking into consideration the above aspect we feel that the monthly income of the claimant can be reasonably fixed at Rs.3,000/-. The multiplier adopted by the Tribunal as 17 and the percentage of disability taken as 12% appears to be reasonable. Therefore for the disability caused, the claimant is entitled to a compensation of Rs.73,440/- MACA.No.337/2010. 5 (3000x12x17x12%). Thus, on this count the claimant is entitled to an additional compensation of Rs.24,480/-. 10. The Tribunal awarded a compensation of Rs.20,000/- for pain and suffering. Having regard to the nature of the injuries sustained we feel that an amount of Rs.30,000/- is reasonable on this count. The Tribunal did not award any amount towards loss of amenities and enjoyment in life. Having regard to the nature of the injuries sustained we feel that a compensation of Rs.20,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing in this case. 11. Thus the claimant is entitled to an additional compensation of Rs.54,480/-. He is entitled to interest 7.5% per annum from the date of petition till realisation and proportionate cost. The 3rd respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the date of receipt of the MACA.No.337/2010. 6 copy of this judgment. The award of the Tribunal is modified to that extent. In the result, the appeal is disposed of as found above. A.K.BASHEER, Judge. P.Q.BARKATH ALI, Judge. kvs/-