IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE V.CHITAMBARESH FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 MACA.No. 1777 of 2011() ----------------------- OPMV.828/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): PETITIONER ------------------------ MUHAMMED RAFI,S/O.ABDUL KHADER, RAFI MANZIL,KANNANALLOOR, KOLLAM. BY ADV. SRI.PRATHEESH.P RESPONDENT(S): 3RD RESPONDENT ----------------------------- THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO.LTD,. THIRUVANANTHAPURAM. ADV. SRI.M.A.GEORGE FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & V. CHITAMBARESH, JJ -------------------------------------------- M.A.C.A. NO. 1777 OF 2011 ------------------------------------ Dated this the 11th day of November, 2011. JUDGMENT Basant, J. Claimant is the appellant. He claimed compensation for personal injuries suffered by him due to a motor accident which occurred on 22.03.2006. A total amount of Rs. 2 lakhs was claimed. The appellant had suffered fracture proximal end of Tibia. He was inpatient for a total period of 53 days in three spells. He was aged 30 years at the time of the accident. He had suffered permanent disability which was reckoned by the tribunal at 6% even in the absence of disability certificate. The tribunal awarded a total amount of Rs. 96,100/- as per details given in paragraph 8 of the impugned award which we extract below. Sl. No. Head of claim Amount awarded 1 Loss of earning for 4 months Rs. 8,000/- 2 Partial loss of earning Nil 2 MACA No. 1777/2011 Sl. No. Head of claim Amount awarded 3 Transport to the hospital Rs. 500/- 4 Extra nourishment Rs. 1,000/- 5 Damage to clothing and articles Rs. 5000/- 6 Others - Bystander expenses Rs. 5,500/- 7 Medical expenses Rs. 46,090/- 8 Compensation for pain and suffering Rs. 10,000/- 9 Compensation for continuing for permanent disability (Rs. 2000 x 12 x 17 x 6/100) Rs. 24,480/- 10 Compensation for the loss of amenities in life Nil Total Rs. 96,070/- rounded as Rs. 96,100/- (Rupees ninety six thousand and one hundred only) 2. We have heard the learned counsel for the appellant and the learned counsel for the insurance company. Challenge is raised only on the ground that the amount awarded is not sufficient. 3. Called on to explain and be specific, learned counsel for the appellant submits that the tribunal had accepted monthly income of the appellant only at the rate of Rs. 2,000/- per men sem. At least Rs. 3,000/- must have been reckoned as the monthly income while ascertaining the actual loss of earning as also loss of reduction in 3 MACA No. 1777/2011 earning capacity. Learned counsel for the insurance company points out that even as per the petition the monthly income is only Rs.2,500/-. We are satisfied at any rate that for the future, Rs. 3,000/- per month can be accepted as the monthly earning having due regard to the prospect of improvement and employment. ‘17’ is likely reckoned as the multiplier. 4. He was inpatient for a period of 53 days . But only an amount of Rs.1,000/- was awarded as compensation for extra nourishment. The counsel argues and we agree that this deserves to be raised. 5. It is then contended that inspite of the long period of hospitalization only an amount of Rs.10,000/- has been awarded for pain and suffering. We agree that it deserves to be raised. 6. Finally, it is contended that though physical disability to the extent of 6% is accepted by the tribunal the tribunal has not awarded any amount under the head of loss 4 MACA No. 1777/2011 of amenities. Physical disability suffered by the appellant is bound to leave behind two fold reflections on his life. It reduces the earning capacity. It also reduces the quality of enjoyment of life. We are satisfied that under the head of loss of amenities compensation deserves to be awarded. 7. The above discussions lead us to the conclusion that the appellant is entitled for a further amount of Rs. 44,240/- (Rupees Forty four thousand two hundred and forty only) as shown below in addition to the amount awarded by the tribunal. a) Loss of earnings : Rs. 2,000/- (2500x 4=10,000 minus 8,000) b) Extra nourishment : Rs. 5,000/- (6,000 minus 1,000) c) Pain and sufferings : Rs. 5,000/- (15,000 minus 10,000) d) Reduction in earning capacity : Rs. 12,240/- (3,000 x 12 x 17 x 6/100 = 36,720 minus 24,480) 5 MACA No. 1777/2011 e) Loss of amenities : Rs. 20,000/- (no amount awarded by the tribunal) ------------------- Total Rs.44,240/- ========= 8. Learned counsel for the appellant points out that the tribunal has not awarded any cost. We agree that the appellant is entitled to proportionate cost before the tribunal for the entire amount of compensation awarded as held in Jeena Vs. Satheesh Babu K. [2011 (3) KLT 943]. 9. In the result, a) This appeal is allowed in part. b) The appellant is found entitled for a further amount of Rs. 44,240/- (Rupees Forty four thousand two hundred and forty only) as compensation in addition to the amount already awarded by the tribunal. 6 MACA No. 1777/2011 c) We make it clear that the entire amount of compensation shall carry interest at the rate and for the period as directed by the Tribunal; d) We direct that proportionate costs in the proceedings before the tribunal be paid to the claimant on the entire amount of compensation as held in Jeena (supra) e) All other directions of the Tribunal are upheld. R. BASANT JUDGE V. CHITAMBARESH JUDGE dnc