IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 MACA.No. 479 of 2005() ---------------------------------- OPMV.3190/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): /PETITIONER: ------------------------------------------- SIVADAS, S/O. KUNJIMON, MONGODI HOUSE, ENGANDIYOOR P.O., THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): -------------------------- 1. M. MOHAMED, S/O. HYDRU, MANIYARATH HOUSE, P.O. PERINGODU, KOOTTANADU, PALAKKAD DISTRICT. 2. MOHAMED MUSTAFA, S/O. KOYYAKUTTY, ERAKKARA HOUSE, NEAR A.K.G. COLONY, PERINGODU, PALAKKAD. 3. NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, GURUVAYOOR. R3 BY ADV. SRI.M.A. GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss R.BASANT & N.K.BALAKRISHNAN, JJ. ----------------------------------------- M.A.C.A No.479 OF 2005 ---------------------------------------- Dated this the 4th day of July, 2011 JUDGMENT BASANT, J. Though respondents are served, there is no representation for them. 2. Claimant is the appellant. He is aggrieved by the quantum of compensation awarded. He suffered head injury including fractures as a result of the accident. The accident took place on 5.4.2000. He was an inpatient for 11 days. The Tribunal awarded a total amount of Rs.1,02,800/- against the claim of Rs.5,21,000/-. The claimant, at the time of the accident was aged 30 years. He was a building construction worker. The Tribunal awarded compensation on the following computation:- 1. Loss of earnings - Rs.6,000/- (3 x 2000) 2. Medical expenses - Rs.34,000/- (against bills for Rs.32,836/- produced.), 3. Pain and suffering - Rs.12,000/- M.A.C.A No.479 OF 2005 2 4. Loss of amenities - Rs.10,000/-, 5. Reduction in earning capacity - Rs.40,800/- (2000x12x10/100x17) ----------------- Total Rs.1,02,800/- ========== 3. The appellant claims to be aggrieved by the quantification of the loss. What are the grounds? Counsel, first of all, contends that the monthly income reckoned for a building construction worker at Rs.2,000/- in the year 2000 is painfully low. He further contends that the amounts awarded under the heads of medical expenses, pain and suffering and loss of amenities are all inadequate. 4. We have been taken through all the relevant documents. The disability of 20% was certified by a Neuro Surgeon who did not treat the claimant. According to Ext.A10 certificate issued by the said Neuro Surgeon which has not been proved in accordance with law, it is stated that he has headache and loss of memory presently. He has also decreased hearing of the right ear. He has abnormal behavior. In these circumstances, disability is quantified at 20% by the said Neuro M.A.C.A No.479 OF 2005 3 Surgeon. The Tribunal, in spite of such inadequate evidence tendered, reckoned 10% as the reduction of earning capacity. We are unable to accept the argument that the reduction of earning capacity acceptd the percentage of rseduction in earning capacity is too low and deserves modifications. 5. Having rendered our anxious consideration to all the relevant inputs, we find no reason to interfere with the impugned award except on the ground that the monthly income of the claimant can be safely reckoned at Rs.2,500/-. Except to this extent, we are satisfied that no interference is warranted. 6. Hence we find that the appellant is entitled to the following further amounts by way of compensation: 1. Loss of earning capacity - Rs.1,500/- (3xRs.2,500/-minus Rs.6,000/-). 2. Compensation for loss of earning capacity - Rs.10200/- (Rs.2,500x12x10/100x17 minus Rs.40,800/-) -------------- Total Rs.11,700/- ========= M.A.C.A No.479 OF 2005 4 7. Interest has been awarded only at the rate of 6 % per annum. We are persuaded to agree that interest have been awarded at 7.5% per annum. 8. In the result: 1. This appeal is allowed in part. 2. The appellant is entitled to a further amount of Rs.11,700/- (Rupees eleven thousand and seven hundred) in addition to the amount already awarded by the Tribunal. 3. We direct that the interest be paid on the entire amount of compensation at the rate of 7.5% per annum from the date of petition to the date of payment. 4. Other directions of the Tribunal are upheld. R.BASANT, JUDGE N.K.BALAKRISHNAN, JUDGE mns M.A.C.A No.479 OF 2005 5