IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 MACA.No. 1563 of 2007() ----------------------- OPMV.393/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER ---------------------------------- KUTTAPPAN, S/O. RAMAN, AGED 46 YEARS, PULIYANANIKKAL HOUSE, VALAVAYAL POST, MOONNANA KUZHI, PURAKKADI AMSOM, DESOM, S.BATHERY TALUK, WAYANAD DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): RESPONDENT NO.2 ------------------------------- NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, KALPANA SHOPPING COMPLEX, MAIN ROAD, KALPETTA. ADV. SRI. JOE KALLIATH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 1563 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of July, 2009 JUDGMENT Joseph, J. The appellant is the claimant in a petition filed under Section 166 of the Motor Vehicles Act. He suffered injuries in an accident, which took place on 7.8.2000. As against the claim of Rs. 5 Lakhs, the Tribunal has awarded Rs.65,640/- to the appellant. The appeal is directed against the quantum of compensation awarded. 2. Heard the learned counsel for the appellant and the learned counsel for the respondent. 3. The Tribunal has awarded an amount of Rs.49,140/- towards disability. As against the permanent disability of 25% certified in Ext.A4 disability certificate, M.A.C.A.No. 1563 of 2007 2 the Tribunal has taken 15% as the disability. The income was fixed at Rs.2,100/- and the multiplier adopted is 13. Thus Rs.49,140/- was awarded towards disability. The learned counsel for the appellant contended that the disability should not have been reduced from 25% to 15%. 4. The appellant was awarded Rs.4,200/- towards loss of earnings. Rs.1,500/- was awarded towards transportation to hospital. Under the head extra food, Rs.1,000/- was awarded and towards damage to clothing Rs.250/- was awarded. The appellant was in the hospital as an inpatient and Rs.1,450/- was awarded towards bystander's expenses. Rs.5,100/- was awarded towards medical expenses and Rs.3,000/- was awarded towards pain and sufferings. 5. The learned counsel for the appellant would contend that the appellant was a Carpenter. The income taken is low, i.e. Rs.2,100/- It is pointed out that the appellant has produced M.A.C.A.No. 1563 of 2007 3 Ext.A10 copy of the identity card and he has given oral evidence also. 6. The learned counsel for the appellant contended that no amount is awarded towards loss of amenities. It is also contended that the amount awarded towards loss of earnings does not represent the compensation, which the appellant is entitled to, having regard to the period of time during which he was out of work. It is also contended that the amount awarded towards bystander's expenses is on the lower side. 7. The first question to be considered is whether the appellant is entitled to fixation of higher income. The appellant relies on the identity card. The accident took place on 9.8.2000. The Tribunal has awarded Rs.2,100/- as the income of the appellant. No doubt, there is testimony of the appellant. Having regard to the year of the accident, we are not inclined to increase the income. M.A.C.A.No. 1563 of 2007 4 8. As regards the percentage of disability, the appellant produced a disability certificate. Apart from that, when we went through the certificate, we find that the 25% disability shown is not the disability of the whole body. The Tribunal has taken 15%, which cannot be said to be unreasonable. However, the amount awarded towards pain and sufferings is low. He underwent hospitalisation for a fairly long period of time. He suffered dislocation of right knee, popliteal artery injury and common peroneal palsy. We award Rs.10,000/- more towards pain and sufferings. 9. Going by the certificate, he appears to have numbness of his leg and sensation of the sole is diminished. He has 1.5 cms. shortening of his right lower limb. His ankle is stiff and toe movements are absent. Therefore, we award Rs.8,000/- towards loss of amenities. M.A.C.A.No. 1563 of 2007 5 10. The next question to be considered is what is the amount to be awarded towards loss of earnings. The learned counsel for the appellant has referred to documents to contend that originally the appellant was in the hospital from 10.8.2000 to 19.10.2000, from 13.1.2001 to 10.3.2001. Having regard to the nature of the injuries and period of hospitalisation, we feel that the appellant is entitled for loss of earnings for five months at the rate of Rs.2,100/- Thus, the appellant is entitled to Rs.6,300/- more towards three months' loss of earnings. We also feel that in view of the period of hispitalisation, the appellant should be awarded Rs.1,000/- towards bystander's expenses. Thus the appellant would be entitled to Rs.25,300/- more. 11. The appeal is accordingly allowed in part. The appellant is allowed to realise an amount of Rs.25,300/- with interest at the M.A.C.A.No. 1563 of 2007 6 rate of 7.5% from the date of the petition till the date of realisation from the respondent. 12. The learned counsel for the appellant points out that the Tribunal should have awarded interest at the rate of 7.5% instead of 6%. We see force in that submission. The amount already awarded by the Tribunal will also bear interest at the rate of 7.5% from the date of the petition till the date of realisation. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm