IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 MACA.No. 1184 of 2007 ----------------------- OPMV.853/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT:/PETITIONER ----------------------------------- C.V.JOSEPH, CHERIPURATH HOUSE, CHERPUNKAL P.O., KOTTAYAM. BY ADV. SRI.K.GOPALAKRISHNA KURUP SRI.S.MANU RESPONDENT(S): RESPONDENTS --------------------------- 1. ANILKUMAR, PANACKAL HOUSE, MEVIDA P.O., KOTTAYAM DISTRICT. 2. A.J.PRASANNA KUMARI, SUDARSANA HOUSE, PULIYANNOOR P.O., KOTTAYAM. 3. THE UNITED INDIA INSURANCE CO. LTD., THODUPUZHA, IDUKKI DISTRICT. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== M.A.C.A. NO. 1184 OF 2007 ============================ DATED THIS THE 12TH DAY OF JANUARY 2010 JUDGMENT Basant,J. The claimant/injured is the appellant. He claimed compensation for loss suffered by him consequent to injury suffered in a motor accident, which took place on 30-3-2001. The injured was aged 52 years on the date of the accident. He was an inpatient for 23 days in three different spells. Fracture of the femur is the most crucial injury suffered. He suffered permanent disability to the tune of 14%. He claimed to be a self employed agriculturist. According to him, the equivalent of his service is liable to be reckoned at Rs.4500/- per mensem. The Tribunal by the impugned award directed payment of a total M.A.C.A.1184/2007 -2- amount of Rs.1,10,050/- as per the details given below along with interest and costs. Schedule Medical expenses : Rs.37,690/- Loss of earnings (6 x Rs.2,000) : Rs.12,000/- Bystander Expenses : Rs.1,150/- Damages to clothing : Rs. 250/- Transport to Hospital : Rs.1,500/- Extra-nourishment : Rs. 500/- Part II Pain and suffering : Rs.15,000/- Permanent partial disability : Rs.36,960/- Loss of Amenities : Rs.5,000/- Total : Rs.1,10,050/- 2. We have heard both counsel. The learned counsel for the appellant assails the impugned award on the following specific grounds. 3. The amount of Rs.12,000/- awarded under the head of 'loss of earnings' is too insufficient. The last spell of hospitalisation come to an end only on 31-8-2002. The Tribunal had reckoned only six months is the period for involuntary M.A.C.A.1184/2007 -3- unemployment. Monetary equivalent of the services rendered was assumed to be only Rs.2,000/- per mensem. Both these are inadequate and incorrect inferences. 4. About the monthly earnings – financial equivalent of the services rendered by the claimant for his own self employed work only Rs.2,000/- has been taken into reckoning. Counsel contends that it is inadequate. Under the Second Schedule of the Motor Vehicles Act, as early as in 1994, an amount of Rs.1250/- per mensem is permitted to be assumed as the monthly income even of a non-earning person. In these circumstances, reckoning of the monthly earning of Rs.2,000/- is not justified. Even in the absence of better evidence, we find merit in the contention of the counsel for the appellant. Reasonable inferences can safely be drawn. It is not necessary for the Tribunal to insist on documentary evidence to come to conclusion on all questions. The minimum irreducible loss can safely be assumed by the Tribunal. In the facts and circumstances of the case, we are persuaded to agree that it will be safe to assume that the appellant, a self employed agriculturist, must have been earning an income of Rs.2500/- per mensem from the labour rendered by him in his own M.A.C.A.1184/2007 -4- property/field. To this extent, the challenge against the multiplicand can be accepted both while computing the loss of earnings and while computing the permanent partial liability. 5. So far as the permanent partial liability is concerned, the percentage of disability as well as the multiplier have been correctly reckoned as conceded by both sides. In these circumstances, higher amount of compensation is payable to the appellant accepting Rs.2500/- instead of Rs.2,000/- as the monthly earnings. 14% disability has been suffered. The appellant/claimant is aged 52 years and has suffered the disability. The physical disability suffered will have not only monetary consequences which is ascertained and fixed by the compensation awarded for loss of earning capacity. The physical disability suffered will have to be endured till the end of the life of the claimant. This would definitely impair the quality of enjoyment of life and an amount of Rs.5000/- alone has been paid as compensation for loss of amenities. In this case considering the age of the deceased and the nature and extent of the disability (14%), we are satisfied that a higher amount of compensation can be awarded under the head of loss of amenities. M.A.C.A.1184/2007 -5- 6. The above discussion lead us to the conclusion that the appellant is entitled for the following further amount as compensation in addition to the amount awarded by the Tribunal. 1) Loss of earnings : 6 x 2500 minus 6 x 2000 =(Rs.15,000/- minus Rs.12,000/-) = Rs.3,000/- 2)Loss of earning capacity consequent to the permanent partial disability :2500 x 12 x 11 x 14/100= Rs.46,200/- minus Rs.36960/- = Rs. 9,240/- 3)Loss of amenities :10,000/- minus Rs.5,000/- = Rs.5,000/- ------------------- Total : Rs.17,240/- ======= 7. Needless to say the said further amount of Rs.17,240/- (Rupees seventeen thousand two hundred and forty only) shall also be paid along with interest from the date of the petition as directed in the impugned award. 8. In the result: (a) this appeal is allowed in part. (b) the appellant is held entitled to a further amount of Rs.17,240/- (Rupees Seventeen Thousand Two Hundred and Forty only) in addition to the amounts awarded by the M.A.C.A.1184/2007 -6- Tribunal. (c) Interest shall be payable on the enhanced amount also as directed by the Tribunal, from 9.10.2002. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks.