IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 MACA.No. 1446 of 2011(D) ----------------------- OPMV.719/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANTS : PETITIONERS ------------------------- 1. ELLAMA, AGED 5O YEARS, W/O.JOB THETTAYIL (LATE), THETTAYIL HOUSE, CHIYYARAM, THRISSUR. 2. LISHA JOB, AGED 25 YEARS, D/O.LATE JOB THETTAYIL, DO. DO. 3. JOFFY JOB, AGED 23 YEARS, S/O.LATE JOB THETTAYIL, DO. DO. 4. THOMAS J.THETTAYIL, S/O.LATE JOB THETTAYIL, DO. DO. BY ADV. SRI.SHEJI P.ABRAHAM SRI.O.K.MURALEEDHARAN RESPONDENTS : RESPONDENTS --------------- 1. SURESH M.B., AGED 30 YEARS, S/O.BHARATHAN, MULLATH HOUSE, MANALITHARA, WADAKKANCHERY, THRISSUR, (DRIVER OF KL-8-AL-2667 TIPPER LORRY). 2. GOPI V.M., AGE NOT KNOWN, S/O.MADHAVAN, VADAKKAN HOUSE, KOZHUKKULLY P.O., THRISSUR, (OWNER OF KL-8-AL-2667 TIPPER LORRY). 3. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, P.B.NO.8, JYOTHI SUPER BAZAR, THODUPUZHA, PIN-685584, (POLICY NO.16122/2007 VALID FROM 5/10/2006 TP 4/10/2007). ADVOCATE SRI.GEORGE CHERIAN (THIRUVALLA), STANDING COUNSEL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. *********************** M.A.C.A No.1446 of 2011-D ***************************** Dated this the 11th day of October, 2011 JUDGMENT BASANT, J. Appellants are the legal heirs of the deceased claimant. He claimed compensation for personal injuries suffered by him in a motor accident which took place on 16.05.2007. The claimant expired during the pendency of the petition. His legal heirs continued the claim. They are the appellants before us. The claimant had suffered multiple injuries. He suffered head injury. He underwent exploration, debridement and elevation of compound comminuted depressed fracture on the right fronto temporal region. He had also suffered fracture to the nasal bone and maxilla. Against a total claim of Rs.5,25,000/-, an amount of Rs.1,10,550/- was awarded as compensation as per the details given in para.8, which we extract below: Sl . No. Heads of Award Amount awarded 1 Medical and miscellaneous expenses Rs. 64,250.00 (medical bills for Rs.64,242/- produced) M.A.C.A No.1446/11 2 Sl . No. Heads of Award Amount awarded 2 Bystander's expenses Rs. 3,200.00 3 Transportation expenses Rs. 1,000.00 4 Extra nourishment Rs. 1,600.00 5 Damage to clothing etc. Rs. 500.00 6 Pain and suffering Rs. 20,000.00 7 Loss of amenities and conveniences etc. R. 10,000.00 8 Compensation for continuing or permanent disability Rs. 10,000.00 Total Rs. 1,10,550.00 2. The insurer was made entirely liable to satisfy the award. The appellants claim to be aggrieved by the impugned award. Quantum is the only ground of challenge. We have heard the learned counsel for the appellants and the learned counsel for the insurance company. 3. Called upon to explain and be specific, the learned counsel for the appellant submits first of all that no compensation whatsoever has been awarded under the head of loss of earnings and loss of earning capacity. Medical certificate Ext.A8 was produced to show that physical disability to the extent of 10% had resulted. But unfortunately the Tribunal had not taken into reckoning the loss by way of reduction in earning capacity and reduction in earnings of the injured/claimant. M.A.C.A No.1446/11 3 4. We are satisfied that appropriate amount of compensation ought to have been awarded under the head of loss of earnings and earning capacity. The injured/claimant on the date of the accident was of the age group 50-55 years. 10% disability has been suffered. He is said to be an agriculturist. It is reasonable to assume that 10% disability would have resulted in reduction in earning capacity to the identical extent. By employing the multiplier-multiplicand method, the quantum of compensation payable for reduction in earning capacity has to be ascertained. 11 is the multiplier that ought to be reckoned as per the decision in Sarla Verma v. Delhi Transport Corporation [(2009) 6 SCC 121]. 5. The learned counsel for the appellants then submits that the amount of Rs.20,000/- awarded under the head of pain and suffering and the total amount of Rs.20,000/- (10,000 plus 10,000) awarded under the head of permanent disability and loss of amenities is not adequate. We find no merit in this contention. Considering the nature of injuries and the period of treatment, we are satisfied that the amount of Rs.20,000/- awarded under the head of pain and suffering is adequate. Under the composite head of loss of amenities and compensation M.A.C.A No.1446/11 4 for permanent disability, a total amount of Rs.20,000/- has been awarded. The claimant was a person, aged about 53 years on the date of the accident. Disability of 10% had resulted. Award of an amount of Rs.20,000/- under that composite head does not also warrant interference, we are satisfied. We are however awarding compensation for loss of earnings and loss of earning capacity in addition to the amount awarded by the Tribunal. 6. Even in the absence of any better evidence, we are satisfied that Rs.3,000/- per mensem can be reckoned as the monthly earnings. The presumption of prudence under clause 6 of the Second Schedule to the Motor Vehicles Act as also the decisions of the Supreme Court in Lata Wadhwa V. State of Bihar [AIR 2001 SC 3218] and Laxmi Devi & Ors. V. Mohammad Tabbar & Anr. [2008 ACJ 1488] do permit us to draw such an inference of prudence. 7. The above discussions lead us to the conclusion that the appellants are entitled to a further amount of Rs.51,600/- as shown below in addition to the amounts already awarded by the Tribunal under the impugned award. i) Loss of earnings : Rs.12,000.00 (3,000 X 4 months) M.A.C.A No.1446/11 5 ii) Reduction in earning capacity : Rs.39,600.00 (3000 X 12 X 11 X 10/100) ------------------- Total : Rs.51,600.00 ======== 8. In the result: a) This M.A.C.A is allowed in part; b) The appellants are found entitled to a further amount of Rs.51,600/- (Rupees Fifty one thousand six hundred only) in addition to the amount already awarded by the Tribunal under the impugned award; c) We make it clear that the entire amount of compensation shall carry interest at the rate and for the period as specified in the impugned award; d) All other directions of the Tribunal are upheld. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/