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Judgment
Joseph Francis, J.—This appeal is filed by the petitioner in O.P.(MV) No. 1561 of 2008 on the file of the Motor Accidents Claims Tribunal, Ernakulam. The case of the appellant/petitioner is briefly as follows : On 9.7.2008 at about 7.15 p.m., while the appellant was travelling as a pillion rider in a Motorcycle bearing Registration No. KL-4/M-5512 through Thoppumpady-Palluruthy road towards south and when the appellant reached at Thangalnagar Junction, a Jeep bearing Registration No. KL-2/M-8989 hit on the appellant and thereby he sustained serious injuries. The accident was due to the rash and negligent driving of the first respondent, who was the driver of the Jeep. The second respondent was the owner and the third respondent was the insurer of the Jeep. The petitioner claimed Rs. 3,00,000/- as compensation. Respondents 1 and 2 remained ex parte. The third respondent filed written statement admitting the policy of the Jeep and contended that the accident was not due to the negligence of the first respondent and that the compensation claimed is excessive.
Before the Tribunal, no oral evidence was adduced from the side of the petitioner. Exts. A1 to A15 were marked on the side of the petitioner. No evidence was adduced from the side of the respondent. The learned Claims Tribunal, on considering the evidence on record, found that the accident was due to the rash and negligent driving of the first respondent and awarded a compensation of Rs. 2,01,174/- to the petitioner together with interest at the rate of 9% per annum from the date of petition till the date of deposit from the respondents and the third respondent was directed to deposit the amount as the insurer. Being dissatisfied with the quantum of compensation awarded, the petitioner filed this appeal.
Heard the learned counsel for the appellant and the learned counsel for the Insurance Company.
The learned counsel for the appellant submitted that the compensation awarded is very low and that the appellant is entitled to get enhanced compensation under various heads. The learned counsel appearing for the Insurance Company supported the award.
The Tribunal awarded compensation under various heads as follows :
Ext. A9 is the discharge summary issued from Goutham Hospital, Kochi, showing that the petitioner, aged 26 years was admitted in that hospital on 9.7.2008 and at the time of admission, he had Grade III-B open fracture of both bones of right leg with fracture of D3 fibula. Ext. A9 further shows that the petitioner was discharged on 14.7.2008. Ext. A10 is the discharge summary showing that the petitioner was again admitted in that hospital on 8.9.2008 and he was discharged on 11.9.2008. Ext. A11 is the discharge card showing that the petitioner was admitted in Mercy Hospital, Pothy on 16.10.2009 and he was discharged on 20.10.2009. Ext. A15 is the disability certificate issued by the Medical Board, General Hospital, Ernakulam, stating that the petitioner has 10% permanent disability. The Tribunal accepted the percentage of disability and taken ''18'' as the multiplier. At the time of accident, the petitioner was working as a Plumber. Considering the nature of work done by the petitioner, Rs. 4,500/- can be taken as his monthly income, instead of Rs. 3,500/- assessed by the Tribunal. Calculating the loss of earnings for five months at the rate of Rs. 4,500/- per month, the petitioner will be entitled to get Rs. 22,500/-, instead of Rs. 16,000/- awarded by the Tribunal. Taking into consideration the nature of injuries and the treatment undergone, Rs. 25,000/- can be awarded as compensation for pain and suffering, instead or Rs. 18,000/- awarded by the Tribunal. Calculating the compensation for permanent disability, the petitioner is entitled to get Rs. 97,200/- in the place of Rs. 75,600/- awarded by the Tribunal. Thus, in total, the petitioner is entitled to get Rs. 35,100/- as additional compensation.
Accordingly, this appeal is allowed in part and the appellant/petitioner is allowed to realize Rs. 35,100/- as additional compensation with interest at the rate of 7.5% per annum from the date of the petition till the date of realization from the respondents and the third respondent is directed to deposit the amount within three months from this date. There is no order as to costs.