IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 MACA.No. 1748 of 2006() ------------------------------------ OP(MV) .1847/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER: -------------------------------------------------------------- A.D. JOSHY, S/O.A.A.DEVASSY @ JOSE, AKKARA HOUSE, MURINGATHERI, NALLUVAL VILLAGE, ERUMAPETTY P.O., THRISSUR DISTRICT. BY ADVS. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU SRI.VIMAL KUMAR.A.V. SRI.A.G.GIRISH KUMAR RESPONDENT(S)/RESPONDENT ----------------------------------------------- 1. K. DAMODARA, S/O. RAMAPILLA, KUMBARATHA HOUSE, KOTHAMANGALA, AGNAPURA GRAMAM, SULLU TALUK, KARNATAKA. 2. KRISHNAPPA GOWDA, S/O.ANNAKOPPA GOWDA, ANANDAKAYAMANA VEEDU, AGNAPURA GRAAM, SULLU TALUK, KARNATAKA. 3. THE UNITED INDIA INSURANCE CO.LTD., PRABHU BUILDING, MAIN ROAD, P.B.NO.21, PUTTUR - 574 012. R3 BY ADV. SMT.P.A.REZIYA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1748 of 2006 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 2nd day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.1847 of 2002 on the file of the Motor Accidents Claims Tribunal, Thrissur. In this appeal he challenges the judgment and award of the Tribunal dated July 19, 2005 awarding a compensation of Rs.1,33,080/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on December 23, 2001 at about 11.30 a.m. at Nerlakatte in Bantwal Taluk, Karnataka State. While the claimant was riding his motor cycle from Puthur to Mani, he was knocked down by an Ambassador car bearing registration No. KA-21/M 1683, driven by the 1st respondent. He sustained serious injuries. Alleging negligence against the 1st 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 driver and owner of the MACA 1748/2006 2 offending car, remained absent and they were set ex parte by the Tribunal. The 3rd respondent, insurer of the offending car, filed a written statement admitting the policy but denied the liability. 4. The claimant was examined as PW1 and Exts.A1 to A10 series were marked on the side of the claimant. No evidence was adduced by the contesting respondent. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the 1st respondent driver of the offending car and awarded a compensation of Rs.1,33,080/- with interest @ 7% p.a. from the date of petition till realization. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the 1st respondent driver of the offending car is not MACA 1748/2006 3 seriously challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.1,33,080/-. Break up of the compensation awarded is as under:- Loss of earning for 10 months : Rs. 20,000 Transportation : Rs. 2,500 Extra nourishment : Rs. 2,000 Damage to clothing : Rs. 1,000 and articles. Expense for treatment : Rs. 40,100 Bystander expenses : Rs. 3,000 Pain and suffering : Rs. 25,000 Permanent disability : Rs. 24,480 Loss of amenities : Rs. 15,000 and convenience in life. ------------------ Total : Rs.1,33,080 ======= 8. The learned counsel for the appellant/claimant sought enhancement of compensation for the disability caused and on other heads. 9. The claimant sustained the following injuries in the accident :- MACA 1748/2006 4 “1) Comminuted fracture of shaft of left femur. 2) Fracture of shaft of left tibia. 3) Fracture of right mindible. 4) Injuries over face and left lower chin. 5) Lacerated wound on eyebrow and eyelid. 6) Abrasion of right collar bone and right hand.” 10. The Tribunal took the monthly income of the claimant as Rs.2,000/-, took the percentage of disability as 6%, adopted multiplier of 17 and awarded a compensation of Rs.24,480/- towards disability caused. Having regard to the nature of the injuries sustained by the claimant, we feel that the compensation awarded for the disability caused is very low. 11. The claimant as PW1 testified that he was earning Rs.4,000/- per month as a plastering and flooring worker. Taking into consideration the above aspect, we feel that his monthly income can reasonably be fixed at Rs.3,000/-. Percentage of disability fixed by the Tribunal as 6% and multiplier adopted as 17 appear to be reasonable. Thus MACA 1748/2006 5 calculated for the disability caused, the claimant is entitled to a compensation of Rs.36,720/-. Thus the claimant is entitled to an additional compensation of Rs. 12,240/- on this count. 12. The Tribunal awarded a sum of Rs.20,000/- towards loss of income for ten months at the rate of Rs.2,000/- per month. As we have fixed monthly income of the claimant as Rs.3,000/-, he is entitled to a compensation of Rs.30,000/- on this count. 13. The Tribunal awarded awarded interest only @ 7% per annum, which appears to be very low. The claimant is entitled to an interest @ 7.5% per annum from the date of petition till realization for the compensation already awarded 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. 14. In the result, the claimant is found entitled to an additional compensation of Rs.22,240/-. He is entitled to MACA 1748/2006 6 interest @ 7.5% per annum from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. The 3rd respondent, insurer of the offending car, 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