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 SEPTEMBER 2010 / 22ND BHADRA 1932 MACA.No. 2055 of 2005() ----------------------- OPMV.210/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- SAJOOR, S/O.THULASINATHAN, RESIDING AT ALAYAR KALAM, VANDITHAVALAM VILLAGE, VANDITHAVALAM.P.O, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.SREEKANTH.K.R SRI.JIBU P THOMAS RESPONDENT(S): RESPONDENTS --------------- 1. THIRUMOORTHY, S/O.RAMASWAMY, RESIDING AT MAHADEVAPURAM, METTUPALAYAM, TAMILNADU. 2. SUBBAIYAN, S/O.RAMASWAMY GOUNDER, RESIDING AT 12, OLD MUNICIPAL ROAD, METTUPALAYAM, TAMILNADU. 3. THE UNITED INDIA INSURANCE COMPANY LTD., METTUPALAYAM, TAMILNADU. 4. SHEELA SEBASTIAN, W/O.K.L.SEBASTIAN, RESIDING AT SEISA, A.R.NAIR COLONY, KUNNATHURMEDU, PALAKKAD. MACA.No.2055/2005 5. THE ORIENTAL INSURANCE CO. LTD., PALAKKAD. 6. DR.P.B.JAYAGOPAL, LAKSHMY NURSING HOME, CHITTUR ROAD, PALAKKAD. ADV. SRI.N.RAGHURAJ FOR R6 SRI.A.V.RAVI FOR R6 SMT.K.AMMINIKUTTY FOR R6 SRI.M.JACOB MURICKAN FOR R5 SRI.RAJESH THOMAS FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2055 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of September, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.210/1999 on the file of Motor Accidents Claims Tribunal, Palakkad. He sustained the following injuries in a motor accident that occurred on April 26, 1998, Lacerated wound 3 x 1 cm. over the right eye-brow, lacerated wound 3 x 1 cm. over the left eye brow. Diffuse tenderness over the neck, deep lacerated wound on the centre of tongue, deformity at the junction of middle third and lower third of right forearm. X-ray revealed fracture of right fore-arm. 2. The accident happened while the claimant was travelling in a car bearing Reg.No.KL.9D. 2007 from Thrissur to Palakkad and when he reached at Anjumoorthy Mangalam, it dashed against a lorry bearing Reg.No.38 Z.5877 driven by the first respondent. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 1,42,500/-. MACA.No.2055/2005 2 3. Respondents 1, 2 and 3 are the driver, owner and insurer of the offending lorry. Respondent 4 and 5 are the owner and insurer of the car involved in the accident. Respondents 1, 2 and 4 remained absent before the Tribunal. Respondents 3 and 5 filed written statements admitting the policy of the respective vehicles. 4. This O.P. was jointly tried along with other O.Ps. filed by the other injured persons in the accident and a common award was passed. Pw 1 was examined and Exts.A1 to A13 were marked on the side of the claimant before the Tribunal. Exts.B1 and B2 were marked on the side of the contesting respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the negligence of both the drivers and awarded a compensation of Rs. 44,750/- with interest @ 6% per annum from the date of petition till realisation and proportionate cost. 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. MACA.No.2055/2005 3 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of both the drivers 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 is as under : Loss of earnings - Rs. 6,000/- Transport to hospital - Rs. 1,500/- Extra nourishment - Rs. 1,500/- Expenses for bystander- Rs. 2,000/- Damages to clothing -Rs. 250/- Medical expenses - Rs.10,500/- Pain and suffering - Rs.10,000/- Future medical exp. - Rs. 3,500/- Disability - Rs. 9,500/- ------------------- Total - Rs.44,750/- =========== 8. Counsel for the claimant sought enhancement of compensation on all the heads and pointed out that no compensation was awarded for the disability caused. But the claimant did not produce any document to show that he has suffered any disability due to the injury sustained. Therefore, the Tribunal is perfectly justified in MACA.No.2055/2005 4 holding that the claimant is not entitled to any enhanced compensation for the alleged disability caused. 9. The Tribunal took the monthly income of the claimant as Rs. 1,500/- and awarded Rs. 6,000/- for loss of earnings for four months @ Rs.1,500/-. According to the claimant, he was working as a Salesman in M/s. Nandilath Agencies, Palakkad. Ext.A11 is the salary certificate showing that he was getting a monthly salary of Rs. 3,000/-. Therefore, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 2,000/-. Therefore, towards loss of earnings, he is entitled to a compensation of Rs. 8,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 10. There is another aspect in this case. 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. 11. In the result, the claimant is entitled to an additional MACA.No.2055/2005 5 compensation of Rs. 2,000/-. He 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 and proportionate cost. The third 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.2055/2005 6