IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 161 of 2006()
1. SUBRAMANIAN, S/O. NARAYANAN,
... Petitioner
Vs
1. UNNIAN, RESIDING AT ODAVAKATTIL HOUSE,
... Respondent
2. SHANAVAS, S/O. KUNJUMUHAMMED,
3. THE UNITED INDIA INSURANCE COMPANY
For Petitioner :SRI.V.CHITAMBARESH
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :09/03/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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M.A.C.A. No. 161 of 2006
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Dated this the 9th day of March, 2010
JUDGMENT
Barkath Ali, J.
In this appeal under section 173 of the Motor
Vehicles Act claimant in O.P.(MV) No.2993 of 2000 of the
Motor Accidents Claims Tribunal, Thrissur challenges the
quantum of compensation awarded by the Tribunal for the
loss caused to him, on account of the injury sustained by
him in a motor accident.
2. The facts leading to this appeal in brief are these:-
On September 30, 2000 at about 7.45 p.m. the claimant was
cycling along the western side of Thrissur-Wadakkancherry
road. When he reached in front of Keltron a jeep bearing
registration No.KLM 9378 came from behind and knocked
him down. The claimant sustained very serious head injury.
At that time, he was aged 45 and was earning Rs.4,500/- per
month as a head load worker. According to the claimant,
the accident occurred due to a rash and negligent driving of
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the offending vehicle by the second respondent. The first
respondent as the owner, second respondent as the driver
and third respondent as the insurer of the offending vehicle
are jointly and severely liable to pay the compensation to
the claimant. The claimant claimed a compensation of Rs.2
lakhs.
3. The first respondent, the R.C. owner of the
offending vehicle, filed a written statement, stating that on
April 1, 1999 he has sold the vehicle to one Ashraf. The
second respondent driver of the offending vehicle remained
absent and was set ex parte before the Tribunal. The third
respondent insurer of the offending vehicle filed a written
statement, admitting the policy.
4. The claimant was examined as PW1 and Exts. A1 to
A13 series were marked on the side of the claimant. On the
side of the contesting third respondent, copy of the policy
was marked as Ext.B1. On an appreciation of the evidence,
the Tribunal awarded a compensation of Rs.46,500/- with
interest at the rate of 6% p.a. from the date of petition till
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realization and costs. The claimant has come up in appeal,
challenging the quantum of compensation awarded by the
Tribunal.
5. The accident is not disputed. The finding of the
Tribunal that the accident occurred due to the rash and
negligent driving of the offending jeep by the second
respondent is not challenged in this appeal. Therefore, the
only question which arises for consideration is whether the
claimant is entitled to any enhanced compensation?
6. The claimant sustained the following injuries:-
1) Head injury with cerebral oedema.
2) Extra dural heamotoma in the left occipital
area.
3) Haematoma 4 x 3 c.m. on vertigo of head.
4) Abrasion on right leg, right foot, left elbow,
right forearm, right scapular area and right
toe.
5) Lacerated wound on right foot.
Ext.A2 is the wound certificate. Ext.A6 is the discharge
summary, which shows that the claimant was an inpatient in
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the hospital from 30-9-2000 to 9-10-2000. Ext.A7 is the
medical certificate. Ext.A8 series are certificates regarding
the treatment. Ext.A9 is the medical certificate showing the
treatment undergone by the claimant. Ext.A10 is the salary
certificate showing his salary as Rs.4,595/-. Ext.A12
disability certificate shows that he has 18% disability.
7. The Tribunal awarded a total compensation of
Rs.46,500/-. The break up of the compensation awarded is
as under:-
Loss of earnings : Rs.7,500/-
Medical expenses : Rs.11,000/-
Pain and suffering : Rs.10,000/-
Loss of amenities and enjoyment : Rs.8,000/-
of life.
Permanent disability : Rs.10,000/-
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Total : Rs.46,500/-
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8. The learned counsel for the appellant has sought
enhancement of compensation mainly for the loss of
earnings, pain and suffering endured and for the disability
caused. There is force in the above contention. The claimant
was a head load worker.
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9. The Tribunal awarded Rs.10,000/- for the pain and
and suffering endured by the claimant which we feel is very
low. Taking into consideration the nature of the injuries
sustained and the period of treatment the claimant has
undergone, we feel that a compensation of Rs.20,000/-
would be adequate on this count. Thus, on this head the
claimant is entitled to an additional compensation of
Rs.10,000/-.
10. For the disability caused, the Tribunal awarded a
compensation of Rs.10,000/-, which appears to be very low.
The claimant was aged 45 at the time of the accident and
used to earn Rs.4,500/- per month, as testified by him as
PW1. He produced Ext.A11, a certificate issued by the
General Manager of Malabar Building Products, Thrissur to
show that he used to earn Rs.4,595/- per month. A copy of
Ext.A11 is made available for our perusal by the learned
counsel for the appellant. The Tribunal took his monthly
income as Rs.2,500/- which appears to be low. In the light of
Ext.A11 certificate, we feel that his monthly income can be
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reasonably fixed as Rs.3,000/-. In Ext.A12, the certificate of
disability, a copy of which is made available by the learned
counsel for the appellant for our perusal, it is certified that
the claimant has now occasional post traumatic headache
and giddiness and his disability is assessed at 8%. Having
regard to the disability noted by the doctor in Ext.A12, we
feel that the percentage of disability assessed by him
appears to be on the higher side. Taking into consideration
the disability noted in Ext.A12, we feel that an additional
amount of Rs.10,00/- would be reasonable on this count.
11. For the loss of earnings, the Tribunal awarded
Rs.7,500/- for three months at the rate of Rs.2,500/- per
month. We have fixed the monthly income of the claimant as
Rs.3,000/-. Therefore, for the loss of earnings the claimant
is entitled to Rs.9,000/- . Thus, on this count the claimant is
entitled to additional compensation of Rs.1,500/-.
Compensation awarded by the Tribunal under other heads
appear to be reasonable. Therefore, we are not disturbing
the same.
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12. Thus, the claimant is entitled to an additional
compensation of Rs.21,500/- with 9% interest p.a. from the
date of petition till realization. The claimant is entitled to
proportionate costs. The third respondent, the Insurance
Company, shall deposit the amount 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 allowed as found above.
A.K.BASHEER, JUDGE.
P.Q.BARKATH ALI, JUDGE.
mn.