IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE V.CHITAMBARESH FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 MACA.No. 1583 of 2011(B) ----------------------- OPMV.166/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER. ----------------------------------- M.RAJENDRAN, AGED 51 YEARS, S/O.B.G.MANIYAN NAIR, LEELA NIVAS, ERAMALLOOR P.O., EZHUPUNNA VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.G.ARUN GOPAN RESPONDENTS : RESPONDENTS --------------- 1. SHAJI K.T., S/O.THOMAS, 22/149 A, KUTTITATT HOUSE, AMBEDKAR ROAD, KUMBALAM FERRY, EDAKOCHI P.O., KOCHI-682 006. 2. THE ORIENTAL INSURANCE COMPNY LTD, EBENEZER GARDEN, EDAPPALLY P.O., COCHIN-682 024. ADV. SRI.M.JACOB MURICKAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & V.CHITAMBARESH, JJ. *********************** M.A.C.A No.1583 of 2011-B ***************************** Dated this the 11th day of November, 2011 JUDGMENT BASANT, J. Claimant is the appellant. He claimed compensation for personal injuries suffered by him in a motor accident, which took place on 10.12.2006. He suffered multiple injuries including closed fracture ulna at the middle third and lower third junction of forearm. There was also undisplaced fracture of the lateral malleolus of the right ankle. Head injury was suspected and he was initially admitted to Neuro Surgery Department. He continued as an inpatient for a period of 8 days. There is nothing to show that he has suffered any physical disability as a result of the accident. The Tribunal, by the impugned award, directed payment of a total amount of Rs.41,470/- as compensation as per the details given in para.10 of the impugned award, which we extract below: Sl.No. Head of claim Amount awarded 1 Loss of earnings Rs. 6,000.00 2 Transportation expenses Rs. 500.00 3 Extra nourishment Rs. 500.00 4 Attendance expenses Rs. 1,600.00 M.A.C.A No.1583 of 2011-B 2 Sl.No. Head of claim Amount awarded 5 Treatment expenses Rs.19,370.00 6 Damage to clothing and articles Rs. 500.00 7 Compensation for shock, pain and sufferings Rs. 8,000.00 8 For loss of amenities and enjoyment in life Rs. 5,000.00 Total Rs.41,470.00 2. We have heard the learned counsel for the appellant and the learned counsel for the insurance company. Called upon to explain and be specific, the learned counsel for the appellant submits that the Tribunal has erred in reckoning the period of enforced unemployment as 2 months only. Serious fractures were suffered. Head injury was suspected. The appellant could not pursue his normal avocation for a longer period of time, contends the learned counsel. We agree that the period of enforced unemployment can be reckoned as 3 months. 3. The learned counsel for the appellants further submits that compensation under the head of pain and suffering awarded (Rs.8,000/-) is painfully low. Two fractures were suffered. Head injury was suspected. The Tribunal awarded only an amount of Rs.8,000/- as compensation under the head pain and suffering. Of course there is a further amount of Rs.5,000/- granted under the head of loss of amenities and M.A.C.A No.1583 of 2011-B 3 enjoyment of life even though no disability is seen suffered. We are satisfied in the facts and circumstances of this case that a composite amount of Rs.15,000/- can be awarded under the head of pain and suffering, which would necessarily include the temporary loss of amenities during the period of treatment as an inpatient initially and outpatient later. 4. The above discussions lead us to the conclusion that the appellants are entitled to a further amount of Rs.5,000/-. As compensation as shown below in addition to the amount awarded by the Tribunal. i) Loss of earnings : Rs.3,000.00 (3000X3 minus 6,000) ii) Pain and sufferings : Rs.2,000.00 (15,000 minus 13,000) ----------------- Total : Rs.5,000.00 ======= 5. We are not satisfied that the amount awarded under any other head by the Tribunal requires or warrants interference. 6. In the result: a) This appeal is allowed in part; b) The appellant is found entitled to a further amount of M.A.C.A No.1583 of 2011-B 4 Rs.5,000/- (Rupees five thousand only) as compensation 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 directed by the Tribunal in the impugned award; d) All other directions of the Tribunal are upheld. (R.BASANT, JUDGE) (V.CHITAMBARESH, JUDGE) rtr/