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 21ST JANUARY 2010 / 1ST MAGHA 1931 MACA.No. 1510 of 2008(C) ----------------------- OPMV.64/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT: PETITIONER -------------- SANTHOSH, S/O.SUDEVAN, KAVIL PUTHUVAL VEEDU, NEENDAKARA POST., CHAVARA. BY ADV. SRI.V.V.RAJA SRI.M.T.SURESHKUMAR RESPONDENTS:RESPONDENTS --------------- 1. SASIDHARAN, S/O.SASANKAN, RECCA, ENCHONE, PADAMUGAL, KAKKANADU , KOCHI. 2. DIVISIONAL MANAGER, ORIENTAL INSURANCE CO.LTD.,NO.11, RIKYABAGH, RAVIPURAM , M.G.ROAD, KOCHI. ADV. SRI.MANUEL KACHIRAMATTAM FOR R1 SRI.S.MAMMU FOR R2 SMT.MERRY GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ************************* M.A.C.A No.1510 of 2008 ****************************** Dated this the 21st day of January 2010 JUDGMENT BASANT, J. Injured/claimant is the appellant. He is a 23 year old diesel mechanic allegedly earning an amount of Rs.6,000/- per mensem, who suffered injuries in a motor accident which took place on 10.09.2000. He claimed an amount of Rs.2 lakhs as compensation. He had lost two teeth in the accident. He had suffered fractures. He was an inpatient for a period of 16 days from 10.09.2000 to 25.09.2009. 2. The Tribunal on an anxious consideration of all the relevant inputs proceeded to award an amount of Rs.28,172/- as compensation as per the details given below: i) Loss of earning : Rs. 4,000/- ii) Transportation to the hospital : Rs. 1,000/- iii) Extra nourishment and expenses for bystanders : Rs. 1,000/- iii) Damage to cloths : Rs. 500/- iv) Expenses for medicine and treatment : Rs. 9,172/- M.A.C.A No.1510 of 2008 2 v) Compensation for pain and suffering : Rs. 7,500/- vi) Compensation for physical discomfort : Rs. 5,000/- ................. Rs.28,172/- .................. The said amount was directed to be paid along with interest @ 7.5% per annum. 3. The appellant claims to be aggrieved by the impugned award. Called upon to explain the nature of the challenge, the learned counsel for the appellant assails the award on various grounds. 4. First of all it is contended that the compensation for extra nourishment and expenses for bystanders granted at Rs.1,000/- is too inadequate. He was in the hospital for 16 days. The award of the amount of Rs.1,000/- is totally unrealistic and perversely inadequate, contends the counsel. We find force in this contention. We are satisfied that a higher amount of compensation can be awarded under this head. 5. The learned counsel for the appellant next contends that the Tribunal had omitted to take note of the fracture suffered on the hand by the appellant. The counsel placing M.A.C.A No.1510 of 2008 3 reliance on Exts.A7 as also Exts.A2 and A3 police records, contends that the Tribunal had omitted to take into reckoning the fracture suffered by the appellant. Consequently the Tribunal awarded a grossly insufficient amount of Rs.7,500/- alone under the head of pain and suffering. This deserves to be enhanced, contends the counsel. 6. Lastly, the counsel contends that though there is evidence to show that permanent disability - loss of 2 teeth, has taken place, the Tribunal had only awarded a total amount of Rs.5,000/- under this head. The appellant is a young man aged 23 years and he will have to endure the discomfort and inconvenience consequent to the loss of 2 teeth for a long period in life. This has not been realistically taken into consideration by the Tribunal, laments the learned counsel. We are satisfied that there is merit in that contention also. 7. The above discussions lead us to the conclusion that the appellant is entitled to a further amount of Rs.11,400/- as per the details shown below: i) Extra nourishment and expenses for the bystanders [(150 X 16) 2400 minus 1000] : Rs.1,400/- M.A.C.A No.1510 of 2008 4 ii) Compensation for pain and suffering (12500 minus 7500) : Rs.5,000/- iii) Compensation for loss of two teeth (10000 minus 5000) : Rs.5,000/- .................. Total : Rs.11,400/- ................... 8. In the result: a) This M.A.C.Appeal is allowed in part; b) The appellant is found entitled to a further amount of Rs.11,400/- (Rupees Eleven thousand four hundred only) as compensation in addition to the amount already awarded by the Tribunal; c) It is further directed that the entire amount of compensation shall bear interest @ 7.5 % per annum from the date of the petition to the date of the payment. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/- M.A.C.A No.1510 of 2008 5