IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 MACA.No. 278 of 2007() ---------------------- OPMV.1297/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/PETITIONER ------------------------- MARY JACOB, W/O.JACOB, MEKKAMKUNNEL HOUSE, VILANGUKARA, KIZHAKKAMBALAM VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.GEORGE SEBASTIAN SRI.BYJU KURIAKOSE RESPONDENTS: RESPONDENTS 1 AND 3 -------------------------------------------- 1. GILSON SIMETTEY, S/O.FRANCIS, MALLAMPARAMBIL HOUSE, KADUKUTTY, CHALAKKUDY. 2. THE NATIONAL INSURANCE COMPANY LTD., PUMP JUNCTION, URUMBATHU BUILDINGS, ALUVA P.O., PIN-683 101. ADV.SRI.TOM JOSE FOR R1 RI.P.JAYASANKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ---------------------------------------------- C.M.Application No.280 OF 2007 & M.A.C.A.No.278 OF 2007 ----------------------------------------------------- DATED THIS THE 22nd DAY OF JANUARY, 2010 O R D E R/J U D G M E N T Basant, J. This petition is to condone the delay of 159 days in filing an appeal. Heard both counsel. We take a lenient view. Petition allowed. Delay condoned. M.A.C.A.NO.278/2007 2. Claimant is the appellant. The claimant had suffered fracture of the right tibia and fibula in an accident which took place on 18.3.2001. She was an inpatient till 19.3.2001. It is stated that she was later admitted to the hospital again and discharged on 4.9.2001. She was an inpatient in the hospital for a period of 18 days, found the court below. The Tribunal in these circumstances proceeded to pass the impugned award directing payment of a total amount of Rs.39,010/- as per the details shown below: MACA.NO.278/07 -2- Rupees Loss of income(3 x Rs.1,500/-) - 4,500/- Transport expenses - 1,000/- Extra nourishment - 500/- Damage to clothings - 250/- Loss of amenities - 8,000/- Pain and sufferings - 12,000/- Medical expenses - 11,560/- Attendance expenses - 1,200/- ----------------------- Total 39,010/- ========== 3. The appellant claims to be aggrieved by the impugned award. What is the grievance? The learned counsel for the appellant/claimant assails the impugned award on two specific grounds. The learned Counsel contends that the certificates clearly show that the appellant was under treatment for a period of nine months. The learned counsel for the appellant relied on Exhibit A9 to contend that the appellant was treated in plaster till 7.9.2001. Full weight bearing was further delayed for a period of three months, it is contended. In these circumstances, the compensation for loss of earnings awarded reckoning the monthly income to be at Rs.1,500/- and the period of involuntary unemployment as three months is incorrect, contends the learned counsel. The appellant, it is claimed, is a tailor by profession. MACA.NO.278/07 -3- 4. It is then contended that the quantum of compensation awarded under the head of extra nourishment is not adequate. Only an amount of Rs.500/- has been awarded. Under the head of extra nourishment some further amount may be awarded, it is contended. 5. We have considered the submissions in detail. Exhibit A9 shows that the claimant was in plaster till 7.9.2001 and that there was some further restrictions in her normal movement for a further period of three months. We find nothing wrong in the assumption made by the court that the monthly earnings can be fixed at Rs.1,500/-. In the absence of any better evidence, that conclusion appears to us to be absolutely reasonable. The learned counsel for the respondents contends that the Tribunal has reasonably worked out the period of involuntary unemployment as also the monthly income and the amount under the head of loss of income does not warrant interference. 6. Considering the accepted case of the appellant that she was discharged from the hospital after the second spell of hospitalisation only on 7.9.2001, we find it absolutely safe to MACA.NO.278/07 -4- assume that for the period 18.3.2001 to 7.9.2001 and for some time thereafter, the claimant must have suffered involuntary unemployment – continuously initially and in part, thereafter. Taking all the relevant circumstances into account, we are satisfied that award of an amount equal to six months' loss of earnings shall meet the ends of justice eminently. Under the head extra nourishment, considering the long period of treatment and the fact that she was hospitalised admittedly for a period of 18 days, we are satisfied that further amount can be awarded. 7. The above discussions lead us to the conclusion that the appellant is entitled to a further amount of Rs.5,000/- as compensation in addition to the amounts already awarded by the Tribunal as per the details shown below: Loss income (total and partial) 6 x Rs.1,500/- - Rs.9,000/- minus Rs.4,500/- = Rs.4,500/- Extra nourishment - Rs.1,000 /- minus Rs. 500/- = Rs. 500/- ------------------ Total =Rs.5,000/- ====== In the result: (a) this appeal is allowed in part. (b) the appellant is found entitled to a further amount MACA.NO.278/07 -5- of Rs.5,000/- (Rupees Five Thousand only) in addition to the amount awarded by the Tribunal. (c) Needless to say the entire compensation amount shall carry interest from the date of the petition to the date of payment at the rate ordered by the Tribunal. (d) All other directions of the Tribunal are upheld. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn