IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 MACA.No. 352 of 2007(B) ---------------------- MVOP.69/2001 of MACT, IRINJALAKUDA .................... APPELLANT: APPELLANT/PETITIONER: ----------------------------------- GEORGE, S/O.PUTHUSSERY KUNJU VAREED, PUTHUSSERY HOUSE, PULINKARA DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): --------------- 1. CHANDRAN (OWNER CUM DRIVER) S/O.KUTTAPPAN, POTTAKA HOUSE, KUTTICHIRA DESOM, KUTTICHIRA P.O., THRISSUR DISTRICT. 2. THE BRANCH MANAGER (INSURER) ORIENTAL INSURANCE CO., KUNNAMKULAM. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R2 SRI.P.JACOB MATHEW FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. ------------------------------------ M.A.C.A No.352 of 2007 ------------------------------------- Dated this the 3rd day of April, 2009 JUDGMENT BASANT, J. Claimant before the Tribunal is the appellant before us. He claimed compensation for personal injuries suffered by him in a motor accident which occurred on 07.05.1996. He was aged 37 years on the date of the accident. He was a head load worker. He continued as an inpatient for a period of 9 days. He had suffered abrasion on the left ankle, contusion right tempero parietal area of scalp and contusion of left wrist. Head injury was suspected. X-ray was taken. No bony injury was detected. Before the Tribunal, the claimant examined himself as PW1 and proved Exts.A1 to A11. The Tribunal on an anxious consideration of all the relevant inputs proceeded to award an amount of Rs. 10,387/- as per the details given below: i) Cost of extra nourishment and wages to attendants : Rs.900/- ii) Medical expenses : Rs.2,287/- iii) Transportation charges : Rs.200/- iv) Loss of earnings : Rs.2,000/- M.A.C.A No.352 of 2007 2 v) Pain and suffering : Rs.4,000/- vi) Loss of amenities and happiness in life : Rs.1,000/- ............... Total : Rs.10,387/- ................ The said amount was directed to be paid along with interest @ 6% per annum. 2. The appellant claims to be aggrieved by the impugned award. The learned counsel for the appellant assails the impugned award on various grounds. 3. First of all it is contended that the interest has been awarded only @ 6% per annum. Relying on precedents, it is contended that interest must have been awarded at least @ 7.5% per annum. We agree with the counsel. 4. The learned counsel then contends that the compensation awarded under the heads of pain and suffering and loss of amenities and happiness in life is totally inadequate and perversely low. A total amount of Rs.5,000/- alone has been awarded under these heads. Counsel submits that the suspected head injury and the period of hospitalisation must have persuaded the Tribunal to award a higher amount of compensation. We take into account the circumstances M.A.C.A No.352 of 2007 3 including the period of hospitalisation. We are satisfied that an amount of Rs.8,000/- can be awarded under the head of pain and suffering and loss of amenities. 5. The counsel submits that loss of earning has been reckoned only for a period of one month. The appellant was a head load worker. Head injury was suspected. There was a serious contusion in the scalp. In these circumstances we agree with the counsel that a higher amount of compensation under the head `loss of earning' must have been awarded by the Tribunal. We hold that there must have been involuntary unemployment for a period of 2 months. We come to this conclusion taking note of the nature of the appellant's employment - as a head load worker. We are not persuaded to agree that the amount awarded under any other head warrants appellate interference. 6. The above discussions lead us to the conclusion that the appellant is entitled for the following further amount of compensation in addition to the amounts awarded by the Tribunal. M.A.C.A No.352 of 2007 4 i) Loss of earning : Rs.2,000/- (2 X 2000 minus 2000) ii) Pain and suffering and loss of amenities (8000 minus 5000) : Rs.3,000/- ............... Total : Rs.5,000/- ............... (Rupees five thousand only) 7. We further direct that the entire amount of compensation shall carry interest @ 7.5% per annum from the date of petition till payment. 8. This appeal is allowed in part to the above extent. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) rtr/-