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 18TH JANUARY 2011 / 28TH POUSHA 1932 MACA.No. 2912 of 2009() ------------------- OPMV.383/2000 of II ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM ............... APPELLANT / PETITIONER : ----------------------------------------- VIJAYAN, S/O.KARUNAKARAN, MUNDAKATHIL, CHERIYAZHEEKAL.P.O, ALAPPAD VILLAGE, KARUNAGAPPALLY TALUK. BY ADV. SRI.N.VIMALAN RESPONDENTS / RESPONDENTS : ------------------------------------------------ 1. HYSIND JOSEPH, S/O.P.JOSEPH, MATTA VEEDU, MEENATHU CHERRY, KAVANAD.P.O, KOLLAM. 2. PETER XAVIER, UPPUKANDATHIL VEEDU, NEENDAKARA PANCHAYATH, NEENDAKARA VILLAGE, WARD NO.8. 3. THE DIVISIONAL MANAGER, THE NATIONAL INSURANCE CO.LTD., KOLLAM. R3 BY ADV. SMT.SARAH SALVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 2912 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 18th day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.383 of 2000 on the file of the II Addl. Motor Accidents Claims Tribunal, Kollam. In this appeal he challenges the judgment and award of the Tribunal dated March 12, 2008 awarding a compensation of Rs.38,515/- for the loss caused to him on account of the injuries sustained by him in a motor accident . 2. The accident happened on January 6, 2000 at about 6.30 p.m. while the claimant was walking along Azheekkal – Vellanathuruth public road. When he reached near Allappad Maveli Store, he was knocked down by a motor cycle bearing registration No.KL-2C/5785 ridden by the 2nd respondent. The claimant sustained pain, swelling and deformity of right leg, abrasion shin and lacerated injury behind left heel in the accident. X-ray revealed spiral MACA 2912/2009 2 fracture of tibia right. Alleging negligence against the 2nd respondent, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.3 lakhs. 3. Respondents 1 and 2, the owner and rider of the motor cycle, remained absent before the Tribunal. The 3rd respondent insurer of the offending motor cycle filed a written statement admitting the policy. Exts.A1 to A13 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of 2nd respondent and awarded a compensation of Rs.38515/- with interest @ 6% p.a. from the date of petition till realization with proportionate cost. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. 5. The accident is not disputed. The finding of the MACA 2912/2009 3 Tribunal that the accident occurred due to the negligence the 2nd 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. 6. The Tribunal awarded a total compensation of Rs.38,515/-. Break up of the compensation awarded is as under:- Loss of earning : Rs. 6,000 Medical expenses : Rs. 3,615 Transportation : Rs. 1,000 Extra nourishment : Rs. 1,000 Damage to clothing : Rs. 500 Bystander expenses : Rs. 4,500 Pain and suffering : Rs. 7,500 Permanent disability : Rs.14,400 ------------------ Total : Rs.38,515 ======= 7. The learned counsel for the appellant/claimant sought enhancement of compensation for the disability caused, for pain and suffering endured and on other heads. He pointed out that no compensation was awarded for loss of amenities and enjoyment in life. MACA 2912/2009 4 8. The Tribunal took the monthly income of the claimant as Rs.2,000/-, took the percentage of disability as 4% as certified in Ext.A13 certificate of disability, adopted a multiplier of 15 and awarded Rs.14,400/- for the disability caused. The claimant was employed as a Fisherman and used to earn Rs.4.500/-, according to him. Taking into consideration the above aspect, we feel that his income can reasonably be fixed at Rs.2,500/- per month. Percentage of disability assessed by the Tribunal as 4% and multiplier adopted as 15 appear to be reasonable. Therefore, for the disability caused, the claimant is entitled to a compensation of Rs.18,000/-. Thus, the claimant is entitled to an additional compensation of Rs. 3,600/- on this count. 9. The Tribunal awarded Rs.7,500/- 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.10,000/- would be reasonable on this count. 10. The Tribunal did not award any amount for loss MACA 2912/2009 5 of amenities and enjoyment in life. Having regard to the nature of the injuries sustained, we feel that a compensation of Rs. 10,000/- would be reasonable on this count. 11. The Tribunal awarded of Rs.6,000/- towards loss of income for three months at the rate of Rs.2,000/- per month. As we have fixed monthly income of the claimant as Rs.2,500/-, he is entitled to a compensation of Rs.7,500/- on this count. 12. 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 realization for the compensation already awarded by the Tribunal 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. 13. In the result, the claimant is found entitled to an additional compensation of Rs.18,600/-. He is entitled to MACA 2912/2009 6 interest @ 7.5% per annum from the date of petition till realization. The 3rd respondent insurer of the offending motor cycle 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 The figure Rs.18,600/- occurring in the 2nd line of paragraph 13 of the judgment dated 18-1-2011 in M.A.C.A No.2912/2009 is corrected and substituted as Rs.17,600/- (Rupees seventeen thousand and six hundred only) vide order dated 26-5-2011 in I.A. No.1143/2011 Sd/- Registrar (Judicial)