IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 MACA.No. 1387 of 2011() ----------------------- OPMV.1359/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): --------------------- KUNJARIA THOMAS @ KUNJACHAN, AGED 50 YEARS, S/O. THOMAS, KANACHERY HOUSE, (KADUKAPARAMBU), PULINKUNNU P.O., ALAPPUZHA. BY ADV. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT(S): ------------------------- 1. BIJUMON P.K., S/O. KUTTAPPAN, POYIKATHARAYIL HOUSE, KANNADY P.O., PULINKUNNU, ALAPPUZHA DISTRICT, PIN 688 507. 2. SURESH N.K., S/O. KARUNAKARAN, NALLAVEETTIL, KANNADY P.O., PULINKUNNU, ALAPPUZHA DISTRICT, PIN 688 507. 3. THE NEW INDIA ASSURANCE CO. LTD., ALAPPUZHA. POLICY NO. 760102/31/3/02436 POLICY ISSUED FROM CHANGANACHERRY BRANCH, PIN 688 001. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & N.K. BALAKRISHNAN, JJ. ------------------------------------------------- M.A.C.A. No.1387 of 2011 ------------------------------------------------- Dated this the 5th day of September, 2011 JUDGMENT Basant,J. The claimant is the appellant. He claimed compensation for personal injuries suffered by him in a motor accident which took place on 29/5/2004. He had suffered fracture shaft of femur left leg. He was operated upon. K-nailing was done. He was an inpatient for a period of 21 days. He had suffered physical disability to the tune of 20%. Against a total claim of `3,00,000/-, the Tribunal awarded a total amount of `95,776/- as per the details given in paragraph-8 of the impugned award which we extract below: Head Amount awarded Remarks Loss of earnings ... ..... Expenses for treatment including medicine, nutritious food, transportation charges, by- stander, x-ray charges etc., 750.00 6,300.00 3,726.00 (for transportation) (21 days x 300 for extra- nourishment) (for medicine) Pain and suffering 10000 M.A.C.A. No.1387 of 2011 -: 2 :- Head Amount awarded Remarks Permanent disability 75000 (3,000 x 12 x 14 x 20/100 limited to Rs.75,000/-) Expected expenses for further treatment ..... ..... Damage to clothing and loss of articles .... .... Loss of amenities of life and continuing physical ailments .... .... Dis-figuration .... .... Loss of earning power .... .... Total 95776 Total amount claimed limited to Rs.3,00,000/- Total amount awarded: Rs.95,776/- (with 6% interest) 2. We have heard the learned counsel for the appellant and the learned counsel for the insurance company. The insurance company has been made liable entirely to satisfy the impugned award. The challenge is directed only against the quantum of compensation payable. 3. Called upon to explain and be specific, the learned counsel for the appellant, first of all, contends that the Tribunal has unrealistically not awarded any amount under the head of loss of earnings. The accident, the injury, including the fracture shaft of femur and the 21 days hospitalization must have rendered the appellant involuntarily unemployed for a long period of time, M.A.C.A. No.1387 of 2011 -: 3 :- contends counsel. The Tribunal has erred grossly in not awarding any amount under the head of loss of earnings. We find merit in the contention. We are satisfied, on the available inputs, that it can safely be assumed that the appellant must have been involuntarily unemployed for a period of 3 months as a result of the accident. 4. The learned counsel for the appellant then contends that no amount has been awarded under the head of future treatment. There evidently was no materials available before court to satisfy the court that any future treatment is required. Before us, in spite of our specific request, nothing has been brought to our notice which can indicate that any such future treatment is necessary. The challenge on that ground cannot hence succeed. 5. The appellant has suffered disability to the tune of 20%. The Tribunal reckoned 20% as the reduction in earning capacity. Now the learned counsel for the appellant laments that the Tribunal has not awarded any amount under the head of loss of amenities. Suffering of physical disability is accepted. Physical disability suffered by a person leaves behind two fold reflections on his life. It reduces the earning capacity. It also reduces and M.A.C.A. No.1387 of 2011 -: 4 :- impairs the quality of enjoyment of life. Compensation has to be awarded for all dimensions of the loss of amenities including disabilities, inconvenience, dis-figuration etc., in the ordinary pursuit of enjoyment in life. It also results in shortened expectation of life. It causes dis-figuration. There is shortening of the limb as certified in the disability certificate - Ext.A9, submits counsel. 6. We are in agreement with the learned counsel for the appellant. The 20% disability must certainly have reduced and impaired the quality of enjoyment in life. Under that head, no amount has been awarded. We are satisfied that an appropriate amount deserves to be awarded under that head. 7. The learned counsel for the appellant further submits that the Tribunal has grossly erred in limiting the claim for compensation to `75,000/- after coming to a conclusion that `1,00,800/- is the loss adopting the multiplier-multiplicand method (3000 x 12 x 14 x 20/100). We agree. 8. The learned counsel for the appellant finally submits that interest has been awarded only at the rate of 6% per annum. This is grossly insufficient, contends counsel. We are satisfied M.A.C.A. No.1387 of 2011 -: 5 :- that interest deserves to be awarded at the rate of 7.5% per annum. 9. The above discussions lead us to the conclusion that the appellant is entitled for a further amount of `54,800/- (Rupees fifty four thousand and eight hundred only) as shown below in addition to the amount awarded by the Tribunal: 1. Loss of earnings (`3,000/- x 3) - ` 9,000/- 2. Loss of earning capacity (1,00,800 minus 75000) - `25,800/- 3. Loss of amenities (no amount awarded by the Tribunal) - `20,000/- ------------- Total - `54,800/- ====== 10. We are not satisfied that the amount awarded under any other head deserves or warrants appellate interference under Sec.173 of the Motor Vehicles Act. 11. In the result: (a) This appeal is allowed in part. (b) The appellant is found entitled to a further amount of `54,800/- (Rupees fifty four thousand and eight hundred only) in M.A.C.A. No.1387 of 2011 -: 6 :- addition to the amount already awarded by the Tribunal. We direct that the entire amount of compensation shall carry interest at the rate of 7.5% per annum from the date of the petition to the date of realisation. (c) All other directions of the Tribunal are upheld. Sd/- R. BASANT (Judge) Sd/- N.K. BALAKRISHNAN (Judge) Nan/ //true copy// P.S. to Judge M.A.C.A. No.1387 of 2011 -: 7 :- R. BASANT & N.K. BALAKRISHNAN, JJ. ------------------------------------------------- C.M. Appl. No.2121 of 2011 in M.A.C.A. No.387 of 2011 ------------------------------------------------- Dated this the 5th day of September, 2011 ORDER This petition is to condone the delay of 398 days in filing the M.A.C.A. Heard. We take a lenient view. Petition allowed. Delay condoned. R. BASANT (Judge) N.K. BALAKRISHNAN (Judge) Nan/