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 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 MACA.No. 2022 of 2005() ----------------------- OPMV.1648/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): APPELLANT/APPLICANT. ---------------------------------- BINDHU, W/O.JAYAKUMAR, NO.75, PRABHA MANDIR, MADATHUVILAKOK HOUSE, V.P.11/424, VATTIYOORKKAVU, THIRUVANANTHAPURAM. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): RESPONDENT. -------------------------- 1. THOMAS MATHAI, S/O.MATHAI, PALLIMUKKU VEEDU, EAHCHAICKAL, TC 36/246, VALLAKKADAVU, THIRUVANANTHAPURAM. 2. THE ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, THAKARAPARAMBU, THIRUVANANTHAPURAM. ADV. SRI.P.JACOB MATHEW FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2022 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of December, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1648/2000 on the file of Motor Accidents Claims Tribunal, Thiruvananthapuram. In this appeal she challenges the judgment and award of the Tribunal dated February 10, 2005 awarding a compensation of Rs.52,610/- for the loss caused to her on account of the injuries sustained by her in a motor accident. She sustained the following injuries in that accident that occurred on June 21, 1999 at about 6 p.m. : Trochanteric fracture of the left hip and it was associated with pain on the left hip. 2. The accident happened while the claimant was pillion riding on the scooter bearing Reg.No.KL 01 9638 along All Saint's College - Sanghumughom road and when she reached in front of the Mosque on the said road, she was knocked by the Maruthi car bearing Reg.KL 01 Q 5110 driven by respondent No.1. Alleging negligence against the first respondent, the claimant filed the O.P. before the MACA.No.2022/2005 2 Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 3,50,000/-. 3. The first respondent, the owner-cum-driver of the offending Maruthi car filed a written statement before the Tribunal admitting the accident, but attributed negligence to the rider of the scooter. The second respondent, the insurer of the offending car filed a written statement admitting the policy. 4. This O.P. was jointly tried along with the other O.Ps. filed by the rider of the scooter, the husband of the claimant and their 1 ½ year old child and a common award was passed by the Tribunal. Pws 1 to 4 were examined and and Exts.A1 to A18 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending Maruthi car by first respondent and awarded a compensation of Rs. 52,610/- with interest @ 9% per annum from the date of petition till realisation. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA.No.2022/2005 3 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 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 break up of the compensation awarded by the Tribunal is as under : Loss of earning - Rs. 6,000/- Medical expenses - Rs. 5,000/- Transportation - Rs. 1,000/- Damage to clothing - Rs. 250/- Extra nourishment - Rs. 1,000/- Bystander expenses - Rs. 3,000/- Pain and suffering - Rs.15,000/- Disability - Rs.15,360/- Loss of amenities - Rs. 6,000/- 8. Counsel for the claimant sought enhancement of compensation for the disability caused, for pain and suffering endured and for loss of amenities and enjoyment in life. 9. The Tribunal took the monthly income of the claimant as Rs.2,000/- and the percentage of disability as 8% and adopted a MACA.No.2022/2005 4 multiplier of 8 and awarded Rs. 15,360/- for the disability caused. The claimant was a lady employed as a teacher in a private school earning Rs.3,000/- per month, according to her. At present, she is working in a government school. Ext.A14 is her employment certificate and Ext.A16 is her salary certificate. Taking into consideration the above aspect, we feel that her monthly income can be reasonably fixed at Rs.2,500/-. In Ext.A8 disability certificate, the doctor has certified that she has a permanent disability of 13%. The doctor who issued Ext.A8 was examined as PW4 before the Tribunal. He has testified regarding the disabilities caused to the claimant. Taking into consideration the disabilities caused to the claimant and that she is still working as a teacher, the percentage of disability as 8% taken by the Tribunal appears reasonable. The Tribunal adopted a multiplier of 12. But the claimant was aged 32 at the time of the accident. Therefore, we feel that a multiplier of 16 would be reasonable in this case. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.38,400/- (8 % x 2500 x 12 x 16). Thus on this count, the claimant is entitled to an additional compensation of Rs.23,040/-. MACA.No.2022/2005 5 10. The Tribunal awarded Rs.6,000/- for loss of amenities and enjoyment in life and Rs.15,000/- for the pain and suffering endured by the claimant which appears to be very low. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 15,000/- for loss of amenities and enjoyment of life and Rs. 20,000/- for the pain and suffering endured would be reasonable. 11. There is another aspect in this case. The Tribunal awarded Rs. 6,000/- towards loss of earnings for 3 months @ Rs. 2,000/- per month. As we have fixed the monthly income of the claimant as Rs. 2,500/-, he is entitled to a compensation of Rs. 7,500/- towards loss of income. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 12. In the result, the claimant is found entitled to an additional compensation of Rs. 38,540/-. She is entitled to interest @ 9% per annum from the date of petition till realisation 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 MACA.No.2022/2005 6 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.2022/2005 7