IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 MACA.No. 936 of 2005() ----------------------------- OPMV.472/2000 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S):PETITIONER: ---------------------------------------- M.K.MADHAVAN NAMBIAR, S/O. KUNHIRAMAN NAIR, HOUSE NO.34, HOUSING COLONY POST, ERANHIPALAM, KOZHIKODE. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENT(S): RESPONDENTS: ------------------------------------------------- 1. K. SOMAN, S/O. GOPALAN, GOPIKA, CHERUVANOOR POST, MEPPAYUR, KOZHIKODE. 2. ASOKAN, S/O. KUKNJIRAMAN, KARINGATTIKKAL HOUSE, CHERUVANNOOR POST,KOZHIKODE. 3. M/S. NEW INDIA ASSURANCE CO. LTD., TRIPURI BUILDING, EAST NADAKKAVU, KOZHIKODE. R1 & R2 BY ADV. SRI.M.P.PRABHANANDAN R3 BY ADV. SRI.RAJAN P.KALIYATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss R.BASANT & N.K.BALAKRISHNAN, JJ. ----------------------------------------- C.M.Appl.No.1315 of 2005 & M.A.C.A No.936 OF 2005 ---------------------------------------- Dated this the 11th day of July, 2011 ORDER/JUDGMENT BASANT,J. C.M.Appl.No.1315 of 2005: This petition is to condone the delay of 426 days in filing the appeal. We take a lenient view. Petition allowed. Delay condoned. M.A.C.A No.936 OF 2005: Appellant is the claimant. He suffered injuries in a motor accident which took place on 5.12.1999. He claimed an amount of Rs. 2,00,000/- as compensation. He is an Ayurvedic Medical Practitioner. He suffered injury to spine (LI). He was an inpatient for 18 days. He did not produce any evidence to show the details of expenditure incurred or disability if any. The Tribunal taking into account all the relevant inputs awarded a total amount of Rs. 50,000/- as per the details shown below along with interest at the rate of 6% per annum: 1. Loss of earnings (2000x4) : Rs.8,000/- 2. Pain and sufferings : Rs.15,000/- 3. Hospitalisation and bystanders expenses : Rs. 6,000/- M.A.C.A No.936 OF 2005 & C.M.Appl.No.1315 of 2005 2 4. Medical Expenses : Rs.3,000/- 5. Extra nourishment and transportation : Rs.2,000/- 6. Future treatment : Rs.1,000/- 7. Disability/Loss of earning power : Rs.10,000/- 8. Loss of amenities : Rs. 5,000/- -------------------- Total Rs.50,000/- ========= 2. The appellant claims to be aggrieved by the impugned award. The challenge is only against the quantum of compensation awarded. The learned counsel assails the impugned award on various grounds. The compensation awarded for loss of earning power, loss of amenities etc. are not sufficient, it is argued. We find no merit in these contentions. We find that virtually no material was placed before court to even suggest disability except that the appellant had suffered fracture Spine (L1). We feel that the Tribunal has already awarded reasonable amounts payable on all other grounds. Tribunal appears to have taken a very lenient view on the question of disability and loss of earning power even though specific and M.A.C.A No.936 OF 2005 & C.M.Appl.No.1315 of 2005 3 better evidence was not made available. 3. Learned counsel for the appellant submits that at any rate after accepting that the appellant is an Ayurvedic Practitioner, aged 61 years, the monthly income reckoned at Rs.2,000/- is grossly inadequate. It is further contended that interest awarded is also too low. 4. We find merit on the challenge raised on these two grounds. We are satisfied that an amount of Rs. 3,000/- can be reckoned as the monthly earnings of the appellant at the relevant time. We are further satisfied that interest can be ordered to be granted at the rate of 7.5% per annum from the date of of claim to the date of payment. We are not persuaded to interfere with the award on any other grounds. 5. The above discussions lead us to the conclusion that the appellant is entitled for a further amount of Rs.4,000/- (3000x4 minus 8000) as compensation under the head of loss of earnings. We agree that interest must have been awarded at the rate of 7.5% per annum. 6. In the result: 1. This appeal is allowed in part. M.A.C.A No.936 OF 2005 & C.M.Appl.No.1315 of 2005 4 2. The impugned award is upheld in all other respects. But it is directed that the appellant is entitled to a further amount of Rs.4,000/-(Rupees four thousand only) in addition to the amount already awarded by the Tribunal. 3. We further direct that Interest be paid at the rate of 7.5% per annum on the entire amount of compensation from the date of petition/claim to the date of payment on the entire amount of compensation. R.BASANT, JUDGE N.K.BALAKRISHNAN, JUDGE mns