IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 MACA.No. 62 of 2005() --------------------- OPMV.1029/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER; ---------------------------------------- REJI MATHEW, MUTTATHETTU HOUSE, DEVALOKAM P.O. KOTTAYAM. BY ADV. SMT.MINI ELIZABETH GEORGE RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. MATHEW KORAH, KUTTIPPURATHU HOUSE, PAYYAPADY P.O. PUTHUPPALLY, KOTTAYAM. 2. MATHEW KORAH, T.C.6/968, VELAMVILAKOM, VATTIYOORKKAVU, THIRUVANANTHAPURAM. 3. THE ORIENTAL INSURANCE CO,LTD., KOTTAYAM DIVISION, REPRESENTED BY ITS DIVISIONAL MANAGER. R1 BY ADVS. SRI.M.V.THAMBAN, SRI.R.REJI, SMT.THARA THAMBAN, SRI.B.BIPIN, SMT.REVATHY P.NAIR. R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss R.BASANT & N.K.BALAKRISHNAN, JJ. *********************** M.A.C.A No.62 of 2005-C ***************************** Dated this the 4th day of July, 2011 JUDGMENT BASANT, J. Claimant is the appellant. The claimant's grievance is only that amounts awarded are not adequate and do not represent reasonable and just compensation. The Tribunal awarded a total amount of Rs.79,000/- as per details given below: Pain and suffering : Rs.15,000.00 Transport to hospital : Rs. 2,500.00 Bistander's expenses : Rs. 1,500.00 Loss of earnings : Rs.24,000.00 (6,000 X 4) Loss of amenities : Rs.35,000.00 Medical expenses : Rs. 1,000.00 ------------------- Total : Rs.79,000.00 ======== 2. Exts.A1 to A16 were marked on the side of the claimant. The accident occurred on 19.04.2000. Multiple injuries including multiple fractures were suffered by the claimant. C.T scan had to be taken. Extradural hematoma was M.A.C.A No.62 of 2005-C 2 present. On the right temporal lobe hemorrhagic contusion was noted. Right temporal post-op bony defect was noted. Multiple fractures involving interior and lateral walls of both maxillary sinus was noted. Fracture of medial walls of both orbits was noted. There was fracture of the frontal bone. The appellant was an inpatient for a period of 24 days. He had to avail leave for a period of 5 months. This includes the period of rest of one month also. He had suffered physical disability. There was gross disfigurement and speech difficulty. To restore appearance, speech and chewing function, he was in need of prosthetic rehabilitation. He had facial asymmetry due to loss of teeth and lack of muscle function. 3. The learned counsel for the appellant submits that the Tribunal did not award just and fair compensation for loss of earnings. His monthly salary was Rs.6,668/-. Though there was involuntary non employment for a period of 5 months, the Tribunal unfairly reckoned Rs.6,000/- as the monthly income and 4 months as the period of involuntary non employment. Actual earnings must, at any rate, have been taken. The period of involuntary non employment for 5 months, including the period of rest as advised by the doctor, must have been reckoned as the M.A.C.A No.62 of 2005-C 3 period of non employment/loss of earnings. For 24 days, bystander's expenses awarded at Rs.1,500/- is inadequate. The award of the Tribunal may be interfered with. The quantum of compensation may be enhanced, prays the learned counsel for the appellant. 4. We agree that the impugned award under the heads of bystander's expenses and loss of earning deserve upward modification. We further agree that though the disability suffered has not resulted in any reduction in earning capacity, it has substantially affected the quality of enjoyment of life of the claimant and consequently the impugned award under the head of loss of amenities, disfigurement etc. also deserves to be upwardly modified. Accordingly we hold that the appellant/claimant is entitled to the following further amounts by way of compensation. i) Bystander's expenses : Rs.2,100.00 (ie. 24 X 150 minus 1,500) ii) Loss of earnings : Rs.9,340.00 (ie. 6,668 X 5 minus 24,000) iii) Loss of amenities : Rs.15,000.00 (50,000 minus 35,000) ....................... Total :Rs.26,440.00 ======== M.A.C.A No.62 of 2005-C 4 5. The appeal succeeds to the above extent. We are not satisfied that any other direction in the impugned award deserves modification. 6. In the result: a) This appeal is allowed in part; b) The appellant is entitled to a further amount of Rs.26,440.00 (Rupees Twenty six thousand four hundred and forty only) in addition to the amounts already awarded by the Tribunal; c) All other directions including payment of interest are upheld. (R.BASANT, JUDGE) (N.K.BALAKRISHNAN, JUDGE) rtr/