IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 MACA.No. 1744 of 2006() ----------------------- OPMV.25/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER: --------------------------- SARAMMA THOMAS, W/O.P.C.THOMAS, PUNNACHALIL HOUSE, MEENANGADI P.O., WAYANAD DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.GEORGE MATHEWS RESPONDENT/RESPONDENT NO.3. ------------------------------------- UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, WHITE LINE BUILDINGS, KALLAI ROAD, CALICUT-673 002. BY ADV. SMT.M.LALITHA NAIR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & C.T. RAVIKUMAR, JJ. ----------------------------------------------- M.A.C.A No. 1744 OF 2006 ----------------------------------------------- Dated this the 11th day of March, 2009 JUDGMENT BASANT, J Claimant before the Tribunal is the appellant before us. Appellant, a 62 year old woman, claimed an amount of Rs.1,00,000/- as compensation for personal injuries suffered by her in a motor accident which occurred on 13.09.98. She had suffered injuries including fracture of neck of scapula on the left. She was an in-patient for a period of 10 days. She had undergone a surgery. She suffered disability to the tune of 3%. Before the Tribunal, she did not adduce any oral evidence. Exts. A1 to A8 were marked. 2. Tribunal, on an anxious consideration of all the inputs, proceeded to pass the impugned award directing payment of an amount of Rs.9,615/- as per the details shown below: 1. Medical expenses :Rs.2,155/- (against the bills produced) 2. Loss of earnings :Rs. 300/- 3. Pain and sufferings :Rs.5,000/- 4. Loss of earning capacity :Rs.2,160/- (1,200 x 12x 5 x 3/100) --------------- Total :Rs.9,615/- ========= MACA:1744/06 -:2:- 3. The said amount was directed to be paid along with interest at the rate of 6% per annum from the date of the petition. 4. The appellant claims to be aggrieved by the impugned award. What is the grievance ? Called upon to explain the nature of the challenge which the appellant wants to mount against the impugned award, the learned counsel for the appellant assails the impugned award on various grounds. 5. First of all it is contended that, monthly income reckoned by the Tribunal at Rs.1,200/- per mensem only is too inadequate, meagre, unreasonable and unjust. Even for a non-earning person from 1994 the law permits the drawal of a presumption of prudence of notional income at Rs.1,250/- per month. This accident took place in 1998. In any view of the matter at least Rs.2,000/- must have been reckoned as the monthly income, we are satisfied. 6. For loss of earnings only Rs.300/- has been awarded. Considering the nature of injury and the period of hospitalisation, we are satisfied that there must have been loss of earnings at least for a period of two months. The appellant consequently is MACA:1744/06 -:3:- entitled for a total amount of Rs.4,000/- as compensation under this head. 7. The counsel then contends that the compensation awarded for pain and suffering at Rs.5,000/- is not adequate. We take note of the fact that there was fracture of the scapula. We note that she was an in-patient for 10 days. We further note that disability to the extent of 3% has resulted. We are in these circumstances satisfied that an amount of Rs.12,000/-(Rs.7,000/- more) can safely be awarded as compensation for pain and suffering. 8. For loss of earning capacity 3% has been reckoned as the percentage of reduction in earning capacity, but only Rs.1,200/- has been reckoned as the multiplicand. 5 has rightly been adopted as the multiplier applicable to the appellant, a person aged between 60 and 65 years. The appellant will thus be entitled to a further amount of Rs.1,440/- more(2,000 X 12 X 5 X 3/100 - 2160). The learned counsel for the appellant then contends that no amounts have been awarded under the heads of extra nourishment, expenses of bystander, transportation MACA:1744/06 -:4:- expenses etc. There was hospitalisation for a period of 10 days. She had undergone a surgery. In these circumstances, realistic amounts must have been awarded under the above heads also, contends the counsel. Only an amount of Rs.2,155/- against the bills actually produced has been awarded under the heads of extra nourishment, transport to hospital, bystander's expenses and also miscellaneous expenses. 9. Learned counsel for the appellant contends that interest awarded at 6% per annum is not reasonable. Relying on precedents it is contended that, interest must have been awarded at the rate of 7.5% at least. We agree with the learned counsel. 10. Counsel submits that the disability of 3% must definitely have been resulted in loss of amenities/enjoyment of life of the appellant, aged 62 years. Though compensation has been awarded under the head of loss of earning capacity consequent to disability, no amount has been awarded for loss of amenities. We are satisfied, considering the nature and extent of disability and the age of the appellant, that a further amount of Rs.5,000/- can be awarded under the head of loss of amenities. MACA:1744/06 -:5:- 11. On the basis of the above discussions we come to the conclusion that the appellant is entitled to the following further amounts in addition to the amounts already awarded by the Tribunal. 1. Miscellaneous expenses :Rs. 3,000/- 2. Loss of earning capacity :Rs. 1,440/- (2,000x12x5x3/100 minus 2160) 3. Loss of earnings :Rs. 3,700/- (2,000x2 minus 300) 4. Pain and sufferings :Rs. 7,000/- (12,000 minus 5,000) 5. Loss of amenities :Rs. 5,000/- (no amounts awarded) ---------------- Total :Rs.20,140/- ========== 12. We further direct that the entire amount of compensation shall carry interest at the rate of 7.5% from the date of the petition to the date of payment. 13. This appeal is accordingly allowed in part to the above extent. R. BASANT, JUDGE C.T. RAVIKUMAR, JUDGE MACA:1744/06 -:6:- ttb MACA:1744/06 -:7:- MACA:1744/06 -:8:-