IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 MACA.No. 670 of 2004(C) ---------------------- APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- U.V.THILAKAN, S/O.UMMAMPILLY VELAYUDHAN, UMMAPILLY HOUSE, KADALASSERY, VALLACHIRA P.O. THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): --------------- 1. LEELA RAM, M/S.TAMILNADU PACKAGING INDUSTRIES, NO.3, ANNA STREET, SREENIVASA NAGAR, PADI, MADRAS- 50. 2. NEW INDIA ASSURANCE CO.LTD., MADRAS ANNA NAGAR,WEST HILL, BRANCH NO.710901, PLOT NO.C.33, IIND AVENUE, MADRAS 600 040. 3. M.SIVAKUMAR, S/O.MARUDAI, MATTUR NEW BILILAR KOVIL STREET, VIRUTHANPETTI, VELLOOR. ADV. SRI.A.C.DEVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A No.670 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of August, 2010. JUDGMENT Basant J., The claimant is the appellant. He has claimed compensation for the loss suffered by him as a result of a road traffic accident which took place on 3.4.1995. The claimant / appellant was driving an Autorikshaw. He suffered serious injuries which obliged him to remain as inpatient in the hospital for 22 days, out of which he was in the ICU as a patient for 18 days. According to him he suffered permanent disability. This disability in turn had affected the quantum of enjoyment of life which had also reduced his earning capacity. 2. The Tribunal awarded in favour of the appellant / claimant on the question of negligence. The dispute is only regarding the quantum of compensation payable. On the question of whether any M.A.C.A No.670 of 2004 2 disabilities had suffered by the appellant and the extent of disability, there were disputes. Before this court, at the state of hearing it was agreed that the appellant can be referred to Medical Board. Accordingly he was referred to Medical Board and the Superintendent of the Medical College Hospital, Thrissur formed a Medical board constituting of 5 experts including experts of the department of Neuro Surgical and Psychiatry. The Medical reports submitted by the medical board is marked as Ext.X1, by mutual consent. It is reported that the appellant has a total disability of 31.6%. The disability is neurological and psychiatric and no surgical or orthopedic disability was found to be present. 3. The Tribunal had awarded a total amount of Rs.23,000/- alongwith interest at the rate of 9% per annum as per the details shown below: 1. Loss of earnings : Rs. 4,500/- (Rs.1,500 x 3) 2. Transport to hospital : Rs. 500/- 3. Medical expenses : Rs.12,000/- (medical bills produced) 4. Pain and sufferings : Rs. 3,000/- M.A.C.A No.670 of 2004 3 5. Loss of amenities : Rs. 3,000/- ---------------- Total : Rs.23,000/- ========= 4. The learned counsel for the appellant submits that the quantum of compensation awarded is comparatively lower than that of loss of sufferings. Counsel contends that the monthly income of the appellant reckoned by the Tribunal at Rs.1,500/- is too low. No material had been produced before the Tribunal to hold that the monthly income of the claimant, admittedly an autorikshaw driver could be reckoned at Rs.1,500/- per month. In the totality of circumstances, we are not persuaded to agree with the said amount of monthly income paid as on 3.4.1994, the date of the accident would in any way be inadequate so as to warrant interference. 5. 22 days as inpatient out of which 18 days in the ICU, but in the loss of permanent disability that is now proved now to be resulted would certainly have obliged the appellant to be without work for a long period. Period of 3 months reckoned by the Tribunal is inadequate, contends the learned counsel. We are M.A.C.A No.670 of 2004 4 satisfied that the period of inference of non employment can be reckoned at 5 months. 6. It is next contended that the amount of Rs.12,000/- awarded as medical expenses covers only the actual amount of the bills. In fact the bill amount exceeds Rs.12,000/-, it is contended. No amount has been awarded under hospital, extra nourishment, clothing, by standers expenses etc., argues the learned counsel. It cannot ideal to expect the claimant like the appellant to maintain statutory vouchers to prove the medical expenses. Reasonable inference has been proved. Taking note of the nature of the injuries, period of hospitalization, the fact that he was in the ICU for 18 days, and other relevant circumstances, we are persuaded to agree that the amount of Rs.12,000/- awarded as medical expenses against the actual bills produced is insufficient. We are satisfied that under hospital and medical and miscellaneous expenses a total amount of Rs.15,000/- can be awarded. (Rs.3,000/- more) 7. For pain & sufferings only an amount of Rs.3,000/- has been awarded. Considering the totally of the circumstances, we are M.A.C.A No.670 of 2004 5 satisfied that an amount of 7,500/- can be awarded under the head of pain and suffering i.e, Rs.4,500/- more. 8. The report of Medical Board, Ext.X1 is accepted. The claimant was aged about 30 years when the accident took place and he suffered injuries. He will have to endeavour the effects of injuries / disabilities for the rest of his life. 9. Considering the nature of the disabilities we find that a higher amount of compensation can be awarded under the head of loss of amenities. We note that the appellant is entitled to Rs.10,000/- (Rs.7,000/- more under loss of amenities). 10. The learned counsel for the appellant has trained all his guns on the omission of the Tribunal in award of amounts under the head of loss of earning capacity. The nature of permanent disability suffered though as the disability is not orthopedic or psychiatric would certainly have resulted in reduction of earning capacity. The Tribunal erred in not taking any such reduction in earning capacity adopting multiplier – multiplicand method, the loss of compensation for loss of earning capacity must be awarded, argues M.A.C.A No.670 of 2004 6 the learned counsel. 11. We are satisfied that disability to the tune of 31.6% has resulted. Considering the nature of disabilities, we are satisfied that the said physical disability have resulted in loss of earning capacity to the same extent. We take note of the nature of the employment of the appellant. As an autorikshaw driver, the appellant is consequently entitled for compensation of reduction in earning capacity adopting multiplier – multiplicand method. For persons of age group 30-35, the second schedule of the Motor Vehicles Act fixes 17 as the multiplier and the same can be accepted in the case of the appellant. 12. Where no other contentions are raised on the basis of above discussions, we hold that the appellant is entitled to get a total amount of Rs.96,696/- as per the details given below: Loss of earning capacity : Rs. 7,500/- (1,500 x 5) Transport to hospital : Rs. 500/- Medical & miscellaneous expenses : Rs. 15,000/- Pain and sufferings : Rs. 3,000/- M.A.C.A No.670 of 2004 7 Loss of amenities : Rs.10,000/- ------------------ 13. Award of interest at 9% p.a. from the date of petition, we hold is absolute and justified. No interference is the warranted in that direction. 14. In the result, this appeal is allowed in part. Any supersession of award passed by the Tribunal. 15. 2nd Respondent – New Indian Assurance Co. is directed to pay the total amount of Rs.96,696/- to the appellant along with interest at 9% from the date of petition till the date of payment. Needless to say amount already been paid under the impugned amount shall be given due credit. R. BASANT, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/