IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 32 of 2008()
1. M.SAMIKUTY, AGED 47 YEARS,
... Petitioner
Vs
1. K.MADHUMOHAN, S/O.V.R.NAIR,
... Respondent
2. THE BRANCH MANAGER,
For Petitioner :SRI.JACOB ABRAHAM
For Respondent :SRI.T.J.LAKSHMANAN IYER
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :07/04/2010
O R D E R
A.K.BASHEER & P.Q. BARKATH ALI, JJ.
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M.A.C.A. No. 32 of 2008
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Dated this the 7th day of April, 2010
JUDGMENT
Barkath Ali, J:
In this appeal under section 173 of the Motor
Vehicles Act claimant in O.P.(MV) No.694 of 1998 of the II
Addl. Motor Accidents Claims Tribunal, Kozhikode
challenges the judgment and award of the Tribunal dated
May 10, 2007 awarding a compensation of Rs. 15,500/- for
the loss caused to the claimant, on account of the injury
sustained by him in a motor accident.
2. The facts leading to this appeal, in brief, are
these:- The claimant was aged 47 at the time of the
accident and used to earn more than Rs.3,000/- per month
as a coolie, according to the claimant. On November 8,
1997 at about 9.30 p.m. while the claimant was walking
along the side of the Calicut – Ramanattukara Bye-pass
road and reached at Manalthazham, he was knocked
down by a car bearing registration No.TN-09/Z-6258. The
MACA 32/2008 2
claimant sustained very serious injuries. According to the
claimant, the accident occurred due to a rash and negligent
driving of the offending car by its driver. The first
respondent as the owner, the second respondent as the
insurer of the car are jointly and severally liable to pay the
compensation to the claimant. The claimant claimed
compensation of Rs.2 lakhs.
3. The first respondent, owner of the offending car, did
not file any written statement before the Tribunal. The second
respondent, insurer of the offending car, filed a written
statement, admitting the policy.
4. Exts. A1 to A6 series were marked on the side of the
claimant. No evidence was adduced by the contesting second
respondent. The Tribunal, on an appreciation of the evidence,
awarded a compensation of Rs.15,500/- with interest at the
rate of 6% 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 appellant and
MACA 32/2008 3
learned counsel for the second respondent.
6. The accident is not disputed. The finding of the
Tribunal that the accident occurred due to the negligence on
the part of the driver of the offending car is not seriously
challenged in this appeal. Therefore, the only question for
consideration is whether the claimant is entitled to any
enhanced compensation.
7. The claimant sustained the following injuries, as
revealed from Ext.A2 copy of the wound certificate issued from
the hospital:-
1) Lacerated wound left side of forehead 10 x 2 bone
deep.
2) Lacerated wound forehead middle 3 x 1 cm.
3) Lacerated chin 4 x 1 cm.
4) Lacerated wound right side of chest 2 x 1 cm.
5) Lacerated wound mucosal aspect of lower lip 2 x 1 cm.
6) Lacerated wound below right eye 3 x 1 cm.
7) Multiple abrasion face both legs and knee.
Ext.A3 the discharge card issued from the Medical College
MACA 32/2008 4
Hospital, Kozhikode shows that he was admitted on 8-11-1997
and discharged on 17-11-1997. Ext.A4 C.T. scan report shows
that mucosal thickening in both maxillary sinus and nominal
amount of fresh blood in right nasal cavity. Ext.A5 is the case
record produced from the Dental College, Kozhikode. Ext.X1
report of the Medical Board shows that the claimant has lost
one tooth, sustained injuries to two teeth and he has suffered
disability at 1%.
8. The Tribunal awarded a total compensation of
Rs.15,500/-. Break up of the compensation awarded is as
under:-
Transport to hospital : Rs.400/-
Extra nourishment : Rs.400/-
Damage to clothing : Rs.300/-
Medical expenses : Rs.2,200/-
By-stander's expenses : Rs.900/-
Pain and suffering : Rs.7,500/-
Temporary loss of earning : Rs.1,250/-
for one month.
Disability caused : Rs.2,500/-
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Total : Rs.15,500/-
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MACA 32/2008 5
9. The learned counsel for the appellant has mainly
sought enhancement of compensation awarded under
disability caused, pain and suffering and for loss of amenities
and enjoyment in life.
10. The Tribunal awarded Rs.7,500/- for pain and
suffering, which appears to be very low. Taking into account
the nature of the injuries sustained, we feel that a
compensation of Rs.15,000/- would be reasonable on this
count.
11. The claimant lost one tooth and sustained injuries to
two teeth. The Tribunal did not award a compensation for loss
of amenities and enjoyment in life . Therefore, on this count,
we feel that a compensation of Rs.20,000/- would be
reasonable.
12. Rs.2,500/- was awarded for the disability caused.
The Tribunal took monthly income of the claimant as
Rs.15,000/- per annum, adopted a multiplier of 17 and took
disability as 1%. Taking into consideration the nature of the
injuries sustained and that the claimant has bi-medial condyle
MACA 32/2008 6
tibia fracture, we feel that a compensation of Rs.10,000/-
would be reasonable for the disability caused. 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 entitled to an additional
compensation of Rs.35,000/-. He is entitled to interest @
7.5% from the date of petition till realization and proportionate
cost. The second respondent, being the 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