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Judgment
Joseph Francis, J.—This appeal is filed by the petitioner in O.P.(M.V.) No. 1524 of 2005 on the file of the Motor Accidents Claims Tribunal, Thrissur. The case of the petitioner in the O.P.(M.V.) is briefly as follows : On 11.5.2005 at about 8.30 p.m., the petitioner was travelling in an autorikshaw through the Shornur - Thrissur public road from north to south and when he reached near Karama bus stop, a car bearing Registration No. KL-11/P-1281 driven by the first respondent in a rash and negligent manner hit against the autorikshaw, as a result of which, the petitioner was thrown out from the autorikshaw and thereby he sustained injuries. The first respondent was the owner-cum-driver of the car and the second respondent was the insurer. The petitioner claimed Rs. 5,00,000/- as compensation.
The first respondent remained ex parte. The second respondent filed written statement admitting the policy of the car and contended that the accident was not due to the negligence of the first respondent and the compensation claimed is excessive.
Before the Tribunal, no oral evidence was adduced from both sides. Exts. A1 to A267 and Ext. B1 were marked. The 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. 2,78,000/- to the petitioner together with interest at the rate of 8% per annum from the date of petition till the date of realization from the respondents and the second 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 appearing 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 :
Immediately after the accident, the petitioner was taken to the Medical College Hospital, Thrissur and on the next day, he was taken to Metropolitan Hospital, Thrissur and was admitted there. Ext. A3 is the copy of wound certificate issued from Metropolitan Hospital. Ext. A4 is the medical certificate. Exts. A5 to A8 are the discharge summaries. Ext. A3 to A8 would show that in the accident, the petitioner sustained Grade III compound fracture both bones of right leg, open knee dislocation, fracture medial condyle femur right, fracture of 5th and 6th ribs right side, fracture of right wrist distal radius. As part of treatment, wound debridement, external fixation and cancellous screw fixation of femoral condyle, skin grafting and bone grafting were done. After removal of the external fixator, BK slab was given. Exts. A5 to A8 would further show that he was treated as an inpatient at different times for a total period of 15 days. Exts. A10 to A267 are the medical bills produced by the petitioner for a total sum of Rs. 1,04,049.61. Ext. A9 is the certificate issued by Dr. Jyothish K., Lecturer in Orthopaedics, Medical College Hospital, Thrissur and the percentage of disability is seen noted as 21%. But, the Tribunal assessed the disability of the petitioner as 12%, which according to us is on the lower side and we assess the disability of the petitioner as 15%. According to the petitioner, at the time of accident, he was aged 28 years and he was engaged in making well and connected works and he was earning Rs. 6,000/- per month. But, the Tribunal assessed the monthly income of the petitioner as Rs. 3,000/-, which according to us is on the lower side and we fix the monthly income of the petitioner as Rs. 4,000/-.
The Tribunal adopted ''17'' as the suitable multiplier. Calculating on that basis, the petitioner is entitled to get Rs. 1,22,400/- as compensation for permanent disability (4000 x 12 x 17 x 15/100) in the place of Rs. 73,440/- awarded by the Tribunal. Rs. 48,000/- can be awarded towards compensation for loss of earnings for one year in the place of Rs. 36,000/- awarded. Thus, in total, the petitioner is entitled to get Rs. 60,960/- as additional compensation.
Accordingly, this appeal is allowed in part and the appellant is allowed to realize Rs. 60,960/- as additional compensation together 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 second respondent is directed to deposit the amount within three months from this date. There is no order as to costs.