IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 MACA.No. 1345 of 2011 ----------------------- OPMV.1437/2009 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): -------------- SHAMSUDHEEN,S/O.MUHAMMED,AGED 18 YEARS, RESIDING AT VATTATHAMPOYIL HOUSE,KODUVALLY AMSOM DESOM,MANIPURAM P.O,KALARANTHIRI,KOZHIKODE. BY ADV. SRI.V.S.CHANDRASEKHARAN RESPONDENTS: --------------- 1. BASHEER,S/O.AYAMMEDKUTTY,AGE NOT KNOWN, AT THOTTUNGARA HOUSE,P.O PUTHUR,KODUVALLY, KOZHIKODE. 2. MOOSA T,S/O.AHEMMADKUTTY, AGE D 40 YEARS.AT THOTTUNGARA HOUSE,P.O PUTHUR,KODUVALLY,KOZHIKODE. 3. THE UNITED INSURANCE CO.LTD,BRANCH OFFICE,KMO TOWERS,MAIN ROAD,THAMARASSERY. 4. SARINA,D/O.SUBAIR,AGE NOT KNOWN, RESIDING AT 21/3308/A,HAJIYARAKATH HOUSE, P.O KALLAI,KOZHIKODE. 5. MUHAMMED ASHRAF V.P,S/O.ALIV P, AGED 21 YEARS AT VATTATHAMPOYIL HOUSE, P.O MANIPURAM P.O.KALARANTHIRI,KOZHIKODE. 6. THE NEW INDIA ASSURANCE CO.LTD, TRIPURI BUIDING,EAST NADAKKAVU,KOZHIKODE. ADV. SRI. JOHN JOSEPH VETTIKKAD FOR R3 (B/0) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI,JJ ============================== M.A.C.A. NO. 1345 OF 2011 ============================ Dated this the 13th day of October 2011 JUDGMENT R.Basant, J. The claimant is the appellant. He, an 18 year old young man, claimed compensation for personal injuries suffered by him in a motor accident which took place on 26/6/2009. According to the petitioner, he was a student. He was simultaneously pursuing part time employment as a computer Operator at ITC Koduvally. Against a total claim of Rs.2 lakhs, the Tribunal awarded an amount of Rs.70,800/- as compensation as per the details given in paragraph 14 of the impugned order which we extract below: sl.No. Head Amount Details 1 Transport to hospital Rs. 500/- 2 Extra nourishment Rs. 500/- 3 Treatment expenses Rs. 7,000/- Entire bills amount 4 Bystanders expenses Rs. 1,500/- 100 x 15 days 5 Pain and sufferings Rs. 10,000/- 6 Permanent disability Rs. 51,300/- 15000x18x19/100 Total Rs.70,800/- MACA 1345/2011 2 2. We have heard the learned counsel for the appellant and the learned counsel for the Insurance Company. The Insurance Company has been made entirely liable. Learned counsel for the appellant assails the impugned award on two specific grounds. Learned counsel first of all contends that the monthly income of the claimant/injured was reckoned by the Tribunal at Rs.1250/- only. This is grossly inadequate. Though the claim is under Section 166 of the Motor Vehicles Act, inspiration must have been drawn from clause (vi) of Schedule II of the Motor Vehicles Act, which was enacted in 1994. The Tribunal should have taken note of the dictum in Lata Wadhwa & Others v. State of Bihar & others [A.I.R.2001 S.C.3218] and Laxmi Devi v. Mohammad Tabbar [2008AS.C.J.1488]. Due provisions must have been given for possible increase in the prospects of employment. 19% disability was assessed by the Medical Board and the same has been accepted by the Tribunal. We find merit in the contention of the learned counsel for the appellant. We are satisfied that Rs.3,000/- can safely be reckoned as the potential monthly income of the claimant even when there is no evidence whatsoever to prove his present part time employment MACA 1345/2011 3 and income therefrom. 3. It is next contended that the Tribunal after having accepted on the basis of the report of the Medical Board that 19% physical disability has resulted, did not award any amount as compensation for loss of amenities. Physical disability suffered by a person has two fold reflections on his life. It reduces the earning capacity. It also impairs and reduces the quality of life which the injured can aspire to lead after the accident. The appellant , an 18 year old, will have to endure the disability for the entire rest of his life. We are satisfied that an appropriate amount of compensation deserves to be awarded under that head. 4. On the basis of the above discussions we come to the conclusion that the appellant is entitled to a further amount of Rs.1,01,820/- as compensation in addition to the amount awarded by the Tribunal as shown below: Sl.No. head amount details 1 Reduction in earning capacity Rs.71,820/- 3000x12x18x19/100=123120/- minus 51,300 2 Loss of amenities Rs.30,000/- No amount awarded by the Tribunal Total Rs.1,01,820/- MACA 1345/2011 4 5. In the result, a)this appeal is allowed in part. b)The appellant is found entitled to a further amount of Rs.1,01,820/-(rupees one lakh one thousand eight hundred and twenty only) in addition to the amount awarded by the Tribunal. 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)All other directions of the Tribunal are upheld. Sd/- R.BASANT, JUDGE Sd/- M.C. HARI RANI,JUDGE ks. true copy P.S. TO JUDGE MACA 1345/2011 5