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 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 MACA.No. 919 of 2007() ---------------------- OPMV.900/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OP(MV) -------------------------------------------- P.SHIJITH, S/O.GOPINATH, AGED 72 YEARS, RESIDING AT SASI VIHAR, MANKAVU, KOMMERI POST, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------ 1. MOIDEEN MUHAMMED MOOSA, S/O.MUHAMMED, AGE NOT KNOWN, RESIDING AT EKARNNAPRAMBA, THIRUVANOOR POST, KOZHIKODE (OWNER AND DRIVER OF THE JEEP NO.KL-11/B 5204). 2. THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, KING WAY BUILDING, MAVOOR ROAD, KOZHIKODE. (INSURER OF THE JEEP NO.KL-11/B 5204). ADV. SRI.A.R.GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A No.919 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2010 JUDGMENT Barkath Ali, J. The claimant in a motor accident claim has filed this appeal seeking enhancement of the compensation. 2. The facts in brief are these : On December 4, 2001 at about 4.30 p.m., while the claimant was checking the engine trouble of an Auto rickshaw bearing Reg. No. KL -11-L 197 in front of the Asirvadu work shop, Kuttikkattoor Angadi, a jeep bearing Reg. No.KL-11-B-5202 came at high speed from behind and knocked him down. The appellant sustained mainly fracture of the spine . He was hospitalised for 8 days. He has claimed a compensation of Rs. 2 lakhs. 3. The first respondent , the owner cum driver of the offending jeep remained absent and was set ex parte before the Tribunal. The second respondent, the insurer of the offending vehicle admitted the policy, but contended that the accident occurred due to the negligence on the part of the claimant. Exts.A1 to A7 and Ext.C1 were MACA.No.919/2007 Page numbers marked on the side of the claimant. On an appreciation of evidence, the Tribunal awarded a compensation of Rs. 79,500/-. Dis-satisfied with the above compensation awarded, the claimant has now come up in appeal. 4. The only question which arises for consideration is whether the appellant/claimant is entitled to any enhanced compensation ? 5. The accident is not disputed which is also proved by the evidence adduced on the side of the appellant before the Tribunal. The finding of the Tribunal that the accident occurred due to the rash and negligent driving of the offending jeep by the first respondent is not seriously challenged in this appeal. Only the quantum of compensation awarded by the Tribunal is challenged. The Tribunal awarded compensation as follows : Disability at 25% ( 12,000 x 18 x 25) = Rs. 54,000/- Hospitalisation for 8 days including incidental charges of by the stander's service extra nourishment = Rs. 1,500/- Medical treatment including Ext.A7 = Rs. 8,000/- Pain and suffering = Rs. 15,000/- MACA.No.919/2007 Page numbers Transportation charges = Rs. 1,000/- ---------------- Rs. 79,500/- =========== 6. Counsel for the appellant mainly argued that the Tribunal took the monthly income of the petitioner as only Rs. 1,000/- which is very low and that as a Mechanic, he used to earn Rs. 5,000/- per mensum. Even as a coolie worker, the claimant could have earned Rs. 100/- per day i.e. Rs. 3,000/- per mensum. Therefore, we feel that the monthly income of the appellant ca be reasonably fixed as Rs. 2,000/- per mensum. Thus calculated, for the disability caused and for the loss of earning power, the appellant will be entitled to an additional compensation of Rs. 54,000/-. 7. The appellant sustained fracture of spine, multiple abrasion on ribs and lacerated wound on right eye as revealed from Ext.A2, the copy of the wound certificate. Ext.A4, the discharge certificate shows that his 11th Thorasic Vertebra has sustained compression fracture and multiple soft tissue injuries etc. In Ext.A5, it is stated that petitioner required blood transfusion. Ext.C1 , the disability certificate shows MACA.No.919/2007 Page numbers that he has suffered disability of 25%. He was aged 23 and was hospitalised for 8 days. Taking into consideration all these aspects, we feel that towards medical expenses, a compensation of Rs. 20,000/- would be reasonable i.e. he is entitled to a further compensation of Rs. 12,000/- on this count. 8. The Tribunal did not grant any amount towards loss of amenities and enjoyment of life. Taking into consideration the nature of the injuries sustained by the appellant, we feel that a compensation of Rs. 10,000/- would be adequate on this count. Towards loss of earning , the appellant will be entitled to a compensation of Rs. 6,000/- i.e. for three months @ Rs. 2,000/- per mensum. Regarding, the other aspects, the award of the Tribunal is confirmed. 9. In the result, the appeal is allowed in part. The compensation is calculated as follows : Disability at 25% ( 24,000 x 18 x 25) = Rs. 1,08,000/- Hospitalisation for 8 days including incidental charges of by the stander's service extra nourishment = Rs. 1,500/- Medical treatment including Ext.A7 = Rs. 20,000/- MACA.No.919/2007 Page numbers Pain and suffering = Rs. 15,000/- Transportation charges = Rs. 1,000/- Loss of amenities and enjoyment of life = Rs. 10,000/- Loss of earning ( for three months @ Rs. 2000/- per mensum) = Rs. 6,000/- ---------------- Rs. 1,61,500/- =========== Thus, the appellant is found entitled to an additional compensation of Rs. 82,000/- with interest @ 9% from the date of petition till realisation with proportionate costs. The second respondent, insurer, shall deposit the award amount within one month from this date before the Tribunal. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.919/2007 Page numbers