IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 MACA.No. 885 of 2007(G) ---------------------- OPMV.997/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT: APPELLANT/PETITIONER ---------------------------------- SATHAR, AGED 27 YEARS, KADAMPATTU THEKKATHIL, SOUTH KOCHU MURI, OACHIRA, KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.PRATHEESH.P RESPONDENT(S): RESPONDENTS -------------------------- 1. SALI, THOMAS, KARISSUMMOOTTIL VEEDU, NEDUVATHUR, THEKKUMPURAM, PUTHUR, KOTTARAKKARA. 2. K.K.THOMAS, KURISSUMMOOTTIL VEEDU, NEDUVATHUR, THEKKUMPURAM, PUTHUR, KOTTARAKKARA. 3. UNITED INDIA INSURANCE, BRANCH MANAGER, KOLLAM. ADV. SRI.SAJU.S.A FOR R1 & 2 SRI.P.MURALEEDHARAN FOR R.3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. ------------------------------------ M.A.C.A No.885 of 2007 ------------------------------------- Dated this the 6th day of April, 2009 JUDGMENT BASANT, J. Claimant before the Tribunal is the appellant before us. He claimed compensation for personal injuries suffered in an accident which occurred on 18.01.09. He claimed to be a business man earning an income of Rs.4,000/- per mensem. He was aged 27 years. He had suffered external injuries. On the pinna he suffered an injury which resulted in loss of cartilage over the pinna. The appellant suffered permanent disability/disfiguration by such loss of the pinna. Before the Tribunal Exts.A1 to A8 were marked. No other evidence was adduced. 2. On an anxious consideration of all the relevant inputs the Tribunal proceeded to pass the impugned award directing payment of an amount of Rs.21,355/- as per the details given below. i) Pain and suffering : Rs.6,000/- ii) Transportation charges : Rs.1,000/- M.A.C.A No.885 of 2007 2 iii) Expenses by way of extra nourishment and engagement of bystander : Rs.2,500/- iv) expenses by way of medical bills (Ext.A8 series) : Rs.6,855/- v) Compensation on account of disfiguration and impairment of audibility : Rs.5,000/- Total : Rs.21,355/- The said amount was directed to be paid along with interest @ 7.5% per annum. 3. The appellant claims to be aggrieved by the impugned award. Called upon to explain the nature of the challenge which the appellant wants to mount against the impugned award, the learned counsel for the appellant assails the impugned award on various grounds. 4. First of all it is contended that the amount awarded under the head of pain and suffering is too low. The appellant was an inpatient for a period of 18 days. He had suffered traumatic loss of a portion of the pinna. We are satisfied in these circumstances that there is merit in the contention of the appellant and that an amount of Rs.8,000/- can safely be fixed as the quantum of compensation payable under the head `pain and suffering'. M.A.C.A No.885 of 2007 3 5. The counsel submits that even though there was hospitalisation for a period of 18 days, a total amount of only Rs.2,500/- has been awarded under the head `extra nourishment and engagement of bystander'. We are satisfied that considering the circumstances of the case compensation can be awarded at the rate of Rs.200/- per day, ie. Rs.3,600/- per mensem. 6. The learned counsel for the appellant contends that the compensation awarded for disfiguration at Rs.5,000/- is too low. The prominent loss of a portion of the pinna and the alleged consequent impairment of audibility appear to have been taken note of by the Tribunal. But only an amount of Rs.5,000/- has been awarded. The appellant is shown to be a person aged about 27 years. We are satisfied that a higher amount of compensation can safely be awarded under the head `disfiguration' alhough we do not find any satisfactory evidence to prove impairment of audibility to any appreciable extent. 7. The learned counsel for the appellant finally contends that the Tribunal has not awarded any amount under the head `loss of earning'. He was an inpatient for a period of 18 days. It is only reasonable to assume that the appellant would have been involuntarily unemployed for a period of at least 2 months as a result of the accident and the injuries suffered. Income of the M.A.C.A No.885 of 2007 4 appellant can safely be fixed at Rs.2,000/- per mensem even in the absence of any better and more specific data on that aspect. Even though the amounts awarded under the other heads are also challenged, we find no reason to interfere with the same. 8. The above discussions lead us to the conclusion that the appellant is entitled for the following amounts in addition to the amounts already awarded by the Tribunal. i) Pain and suffering (8000 minus 6000) : Rs.2,000/- ii) Expenses for extra nourishment and engagement of bystander (18X200 minus 2500) : Rs.1,100/- iii) Loss of earning (no amount awarded) (2500 X 2) : Rs.5,000/- iv) Compensation on account of disfiguration of the pinna (10,000 minus 5000) : Rs.5,000/- ................. Total : Rs.13,100/- ................ (Rupees Thirteen thousand one hundred only) M.A.C.A No.885 of 2007 5 9. Needless to say, the entire amount of compensation shall carry interest from the date of the petition till payment at the rate directed by the Tribunal. 10. This appeal is allowed in part to the above extent. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) rtr/-