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. 1515 of 2011() ----------------------- O.P(MV) NO.3620/04 OF M.A.C.T, THRISSUR ---------------------- APPELLANT : PETITIONER ------------------------ KASSIM, S/O. KUNJIHYDRU, PAZHUVILAKATH HOUSE, POTTAYIL LANE, POOTHOLE, P.O.POOTHOLE, THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENTS : RESPONDENTS -------------------------- 1. M.V.THOMAS, S/O. VARUNNY, MALIAKKAL HOUSE, PULLAZHI P.O., THRISSUR DISTRICT. 2. THOMAS, S/O. KUNJUVAREED, MADATHUMPADI HOUSE, P.O.PULLAZHI, THRISSUR DISTRICT. 3. THE UNITED INDIA INSURANCE COMPANY LTD., PARK HOUSE, ROUND NORTH, THRISSUR DISTRICT. ADV. SRI.JOHN JOSEPH VETTIKKAD FOR R-3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD 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.1515 of 2011 ***************************** Dated this the 13th day of October, 2011 JUDGMENT BASANT, J. Claimant is the appellant. He claimed compensation for personal injuries suffered by him in a motor accident which took place on 01.05.2003. The claimant was aged 65 years. He was allegedly running a business. He had suffered multiple injuries. Injury to the occipital region, bleeding from right nostril and ears were seen. He was an inpatient for a period of 15 days and was discharged on 15.05.2003. He had allegedly suffered permanent disability as a result of the accident. His hearing was impaired. His disability was assessed at 20% under Ext.A9 disability certificate. Against a total claim of Rs.1,08,000/-, the Tribunal awarded a total amount of Rs.17,200/- as compensation as per the details given in para.13 of the impugned award, which we extract below. Sl. No. Heads of claim Amount awarded 1 Loss of earning Rs. 2,500.00 2 Medical and miscellaneous expenses Rs. 5,153.00 3 Bystander expenses Rs. 750.00 M.A.C.A No.1515 of 2011 2 Sl. No. Heads of claim Amount awarded 4 Transportation expenses Rs. 500.00 5 Extra nourishment Rs. 750.00 6 Damages to clothing etc. Rs. 500.00 7 Pain and suffering Rs.7,000.00 Total Rs.17,153/- 2. We have heard the learned counsel for the appellant and the learned counsel for the insurance company. Challenge is raised on the ground of inadequacy of quantum of compensation alone. 3. Called upon to explain and be specific, the learned counsel for the appellant contends that the Tribunal has unfortunately ignored completely the physical disability suffered by the claimant. 20% disability is clearly established under Ext.A9. The Tribunal appears to have misread the date of Ext.A9 to be 27.12.2000 and jumped to the conclusion that such assessment was made 3 years prior to the accident which took place on 01.05.2003. The learned counsel submits that the Tribunal had not carefully looked into Ext.A9. If the Tribunal had done so, it would have been clear to the Tribunal that Ext.A9 was dated 27.12.2006 and it specifies that the disability was consequent to the road traffic accident which took place on M.A.C.A No.1515 of 2011 3 01.05.2003. We find force in that submission. We are satisfied that from the totality of inputs available, it would be absolutely safe to conclude that the claimant had suffered disability to the tune of 20%. He was aged above 65 years on the date of the accident and we are satisfied that going by the Second Schedule to the Motor Vehicles Act, 5 can be reckoned as the multiplier to ascertain the quantum of compensation payable for disability. 4. The learned counsel for the appellant further points out that no compensation has been awarded under the head of loss of amenities of life. We are satisfied that appropriate amount of compensation can be awarded under that head also. 5. The above discussions lead us to the conclusion that the appellant is entitled to a further amount of Rs.40,000/- as compensation as shown below in addition to the amount already awarded by the Tribunal under the impugned award. i) Reduction in earning capacity : Rs.30,000.00 (no amount awarded by (2,500 X 12 X 5 X 20/100) the Tribunal) ii) Loss of amenities : Rs.10,000.00 (no amount awarded by the Tribunal) ------------------- Total : Rs.40,00.00 ======== M.A.C.A No.1515 of 2011 4 6. We are not persuaded to agree that the amount awarded under any other head deserves appellate interference/modification. 7. In the result: a) This M.A.C.A is allowed in part; b) The appellant is found entitled to a further amount of Rs.40,000/- (Rupees Forty thousand only) in addition to the amount already awarded by the Tribunal under the impugned award; 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. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/