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. 709 of 2008-A ---------------------- OPMV.854/2000 of IInd ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT: PETITIONER: ------------------------- SAJAD, S/O.E.SHARAFUDEEN, THUNDILKIZHAKKATHIL, MULAMKADAKOM, KOLLAM. BY ADV. SRI.RAJA VIJAYARAGHAVAN SRI.R.RENJITH RESPONDENTS: RESPONDENTS: --------------------------- 1. V.O.DAVIS, S/O.JOSEPH, VARAPUZHAKKARAN, VEEDU, VELESWARAM, KALADI VILLAGE ERNAKULAM. 2. THE MANAGER, ORIENTED INSURANCE, CO.LTD., LIC BUILDING, CHINNAKADA, KOLLAM. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R2 SRI.P.JACOB MATHEW FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== M.A.C.A. NO. 709 OF 2008 ============================ DATED THIS THE 21ST DAY OF JANUARY 2010 JUDGMENT Basant,J. The injured/claimant is the appellant. He suffered injuries in a motor accident which took place on 18-9-1999. He was aged 23 years on the date of the accident. He was travelling in a two wheeler as pillion. The rider of the vehicle died as a result of injuries suffered in the accident. The appellant was hospitalised and he underwent treatment as inpatient for a period of eight days. The documents would suggest that there was long delay in correctly diagnosing that he had a fracture on the right hand (scaphoid right). Thereafter scaphoid cast was applied and the treatment continued. 2. The Tribunal on an anxious consideration of all the relevant inputs proceeded to pass the impugned award directing 2 M.A.C.A.709/2008 payment of a total amount of Rs.10,350/- as compensation as per the details given below: 1) Loss of earning : 1500 x 3 = Rs. 4,500/- 2) Transport to hospital : Rs. 750/- 3) Extra nourishment : Rs.1,000/- 4) Damage to clothing : Rs. 500/- 5)Bystanders expenses : Rs. 600/- 6)Pain and suffering : Rs.3,000/- Total : Rs.10,350/- 3. The Tribunal directed payment of that amount along with interest at the rate of 6% per annum. 4. The appellant/claimant claims to be aggrieved by the impugned award. What is his grievance? The learned counsel for the appellant contends that the Tribunal's approach was too technical and unrealistic. Telltale materials were available to indicate that the appellant had suffered fracture on the right scaphoid. The Tribunal did not adopt a reasonable approach and 3 M.A.C.A.709/2008 did not accept that there was a fracture consequent to the accident. The appellant had examined himself as PW1 and the relevant documents including the case sheet from the hospital were produced. 5. It is absolutely certain on a perusal of the documents, copies of which have been made available to us for our perusal, that the appellant had complained of pain on the right hand – site of the fracture , from the very first day and X-rays were taken earlier. It is true that a couple of X-rays taken earlier did not precisely detect the fracture on the scaphoid. But the conclusion appears to be reasonable and irresistible from the totality of circumstances that though late, the fracture was detected and that fracture was the result of injury suffered in the accident. The tribunal found and the counsel for the Insurer vehemently contends that the fracture cannot be accepted as a consequence of the injury suffered in the accident. We find absolutely no merit in this approach. In spite of the treatment granted initially from the date of the accident, i.e. 18/9/1999 to 25/9/1999, it would appear that the fracture was not specifically 4 M.A.C.A.709/2008 detected, though pain on the site of the fracture was continuing. We are left with not a semblance of doubt on the question that the appellant had suffered scaphoid fracture as a result of the accident. That conclusion appears to us to be reasonable and irresistible. The Tribunal had found that the appellant had suffered injuries and had to be involuntary unemployed for a period of three months. Documents produced show that he was an inpatient for a period of eight days, i.e. 18-9-1999 to 25-9- 1999 and that subsequently pain was continuing and he had to continue treatment as outpatient. The indication suggest that he had continued treatment as inpatient till 13-12-1999. The learned counsel for the appellant contends that the amounts awarded under the heads of bystanders expenses , medical expenses and pain and suffering did not reflect the reality of the suffering endured by him. We find force in the contention of the learned counsel for the appellant. We are satisfied that the appellant is entitled to further amounts by way of compensation in addition to the amounts awarded by the Tribunal as per the details shown below: 5 M.A.C.A.709/2008 1)Medical and miscellaneous expenses (scaphoid cast ) = Rs.3,500/- 2) Bystanders expenses: 8 x 100=800 minus 600 = Rs. 200/- 3)Pain and suffering :Rs.8000 minus Rs.3000 = Rs.5,000/- --------------------------- Total = Rs.8,700/- =========== 6. The counsel contends that with the help of the decision in Dharampal v. U.P.State Road Transport Corporation [2008(2)KLT 691(SC)] and we agree that interest awarded at the rate of 6% per annum is too inadequate and interest must be awarded at the rate of 7.5% per annum. 7. In the result: a) this appeal is allowed in part. b)The appellant is found entitled to a further amount of Rs.8,700/- in addition to the amounts already awarded by the Tribunal. 6 M.A.C.A.709/2008 c) It is directed that the entire amount of compensation shall bear interest at the rate of 7.5% per annum from the date of the petition to the date of the payment. d) All other directions of the Tribunal are upheld. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks.