IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 MACA.No. 931 of 2009() ---------------------- OPMV.78/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/ PETITIONER ------------------------ DINESH, AGED 35 YEARS, S/O.SUKUMARAN, KUTTIKATTUPARAMBIL HOUSE, KANJIRAKADU KARA, PERUMBAVOOR VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENTS/RESPONDENTS -------------------------- 1. VIJAYAN, S/O.SREEDHARAN, PUTHANPURAYIL HOUSE, PARUR KARA, PARUR VILLAGE, KOTTAYAM DISTRICT. 2. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC FOR R2 SRI.K.SUNILKUMAR FOR R1 SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * M.A.C.A.No.931 of 2009 ---------------------------------------- Dated this the 13th day of October 2011 J U D G M E N T R.BASANT,J Claimant is the appellant. He claimed compensation for the personal injuries suffered by him in a motor accident which took place on 01/10/2004. Against a total claim of Rs.2,00,000/-, the tribunal awarded a total amount of Rs.40,100/- as per the details given in paragraph 11 which we extract below: Head Amount (Rs.) Loss of leave 2,612/- Treatment expenses 13,980/- Damage to clothings 250/- Transportation expenses 750/- Extra nourishment 500/- Attendant's charges 2,000/- Pain and suffering 12,000/- Loss of amenities 8,000/- Total 40,092/- Rounded to Rs.40,100/- 2. We have heard the learned counsel for the appellant and the learned counsel for the respondents. Challenge is M.A.C.A.No.931 of 2009 2 directed only against the quantum of compensation. 3. The appellant was an in-patient for a period of 18 days. He had suffered right frontal sinus fracture with fracture of the frontal bone; bifrontal contusion, pneumocephalus and fracture to nasal bone. Reduction of fracture of nasal bone was done under G.A. He had to be on leave for a period of 27 days. The learned counsel contends that the appellant suffers breathlessness even now. 4. Called upon to explain and be specific, the learned counsel for the appellant first of all contends that the amount of Rs.2,612/- awarded under the head of loss of leave is grossly unreal. Monthly income was Rs.5,804.30/-. He was working as Lower Division Clerk in a Govt.Polytechnic Institute. The tribunal ought to have awarded 27 days wages as compensation for loss of leave. We agree with the learned counsel for the appellant. 5. Even though the appellant was an in-patient for a period of 18 days, only an amount of Rs.2,500/- (Rs.2,000/- and Rs.500/-) has been awarded under the head of attendant's wages and extra nourishment. This is inadequate, contends counsel. M.A.C.A.No.931 of 2009 3 We agree. We are satisfied that at the rate of Rs.100/- per day of hospitalisation can be awarded under each of these heads. For pain and suffering, only Rs.12,000/- has been awarded. Considering the nature of injuries extracted above and the period of hospitalisation, we are satisfied that the quantum of compensation awarded under the head of pain and suffering can be enhanced. We are not persuaded to agree that the amount awarded under any other head deserves enhancement. 6. The above discussions lead us to the conclusion that the appellant is entitled to a further amount of Rs.9,212/- as compensation in addition to the amount awarded by the tribunal as shown below: i) Loss of leave Rs.2,612/- [Rs.5,224/- (Rs.5,804.30/30 x 27) minus Rs.2,612/-) ii) Bystander's expenses and extra Rs.1,100/- nourishment [Rs.3,600/- (Rs.200/- x 18) minus Rs.2,500/-] iii) Pain and suffering Rs.5,500/- (Rs.17,500/- minus Rs.12,000/-) --------------- Total Rs.9,212/- ====== M.A.C.A.No.931 of 2009 4 7. In the result, a) This appeal is allowed in part. b) The appellant is found entitled to a further amount of Rs.9,212/- (Rupees nine thousand two hundred and twelve only) in addition to the amount already awarded by the Tribunal. c) We make it clear that the entire amount of compensation shall carry interest at the rate of 7.5% per annum from the date of the petition to the date of payment/realisation. d) All other directions of the Tribunal are upheld. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge M.A.C.A.No.931 of 2009 5 M.A.C.A.No.931 of 2009 6 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010