IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 MACA.No. 629 of 2007(A) ---------------------- OPMV.654/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): APPELLANT ------------------------ ABDULLA, S/O. ABOOBAKKER, C/O. POTHUTTY, THATHAMMA PARAMBA (H). BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENTS: RESPONDENTS --------------- 1. P.P.MOHAMMED, S/O. ABDU SALAMKUTTY, PAROPUNCHI HOUSE, P.O.KODUVALLY. 2. SATHIAN, S/O. BALAN, ATHIRA HOUSE, CHATHAMANGALAM AMSOM DESOM, P.O.MALAYAMMA. 3. NEW INDIA INSURANCE CO. LTD., CHEROOTTY ROAD, CALICUT. ADV. SRI.VIJU THOMAS FOR R3 SMT.M.MEENA JOHN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. ------------------------------------ M.A.C.A No.629 of 2007 ------------------------------------- Dated this the 26th day of March, 2009 JUDGMENT BASANT, J. Claimant before the Tribunal is the appellant before us. He claimed compensation for personal injuries suffered by him in an accident which occurred on 12.09.1998. He was aged 38 years on the date of the accident. He claimed to be employed in a flour mill as an operator. According to him, his monthly income was Rs.4,500/-. He had suffered multiple injuries including fracture of cervical spine. He was an inpatient for a period of 11 days at the Medical College Hospital, Kozhikode. There is nothing to show that he has suffered any permanent disability. He claimed a total amount of Rs.2 lakhs as compensation. Before the Tribunal, Exts.A1 to A3 were marked. No other evidence was adduced. 2. The Tribunal on an anxious consideration of all the available circumstances proceeded to pass the impugned award directing payment of a total amount of Rs.14,500/- as M.A.C.A No.629 of 2007 2 compensation along with interest @ 6% per annum as per the details given below. i) Transport to hospital : Rs.500/- ii) Extra nourishment : Rs.2,000/- iii) Pain and suffering : Rs.10,000/- iv) Loss of earnings : Rs. 2,000/- ................... Total : Rs.14,500/- ................... 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 raise against the impugned award, the learned counsel for the appellant raises various grounds. 4. First of all it is contended that interest has been awarded only @ 6% per annum. Relying on precedents the counsel contends that interest must have been awarded at least @ 7.5% per annum. We agree with the learned counsel for the appellant. 5. The learned counsel then contends that though the appellant has been an inpatient for a period of 11 days and he M.A.C.A No.629 of 2007 3 has been advised to continue treatment as an outpatient and appear for review, no amount whatsoever has been awarded under the head of medical expenses, bystander's expenses etc. The counsel contends that the mere fact that bills have not been retained to show medical expenses, is no reason for the Tribunal not to award any amount under the head of medical expenses and bystander's expenses. Reasonable inferences can be drawn by the Tribunal. It is not necessary to ritualistically insist on production of vouchers/bills to support every claim for compensation. If a person has been in the hospital for 11 days it can reasonably be inferred that he must have necessarily incurred expenses for treatment, bystander's etc. We are satisfied that in the given circumstances, an amount of Rs.3,500/- can be awarded under the composite head of `miscellaneous expenses and bystander's expenses'. 6. An idea about pain and suffering endured by the victim can be gathered from the nature of the injuries as also the advise for continued treatment after discharge from the hospital. For pain and suffering, Rs.10,000/- has been awarded. The counsel M.A.C.A No.629 of 2007 4 contends that this is too low. We are satisfied that Rs.15,000/- can safely be fixed as the quantum of compensation payable under the head of pain and suffering. 7. Finally the counsel contends that the Tribunal has awarded only an amount of Rs.2,000/- under the head `loss of earnings'. Nature of injuries and the probable period of involuntary non employment were not assessed and evaluated by the Tribunal reasonably, contends the counsel. The accident took place in 1998 and the appellant is shown to be a flour mill operator. We are satisfied that an amount of Rs.2,000/- can safely be fixed as the monthly income of the appellant and it can reasonably be inferred that there must have been involuntary non employment for a period of at least 2 ½ months. Consequently higher amount is liable to be paid as compensation under the head `loss of earning'. 8. The above discussions lead us to the conclusion that the appellant is entitled for the following further amounts as compensation in addition to the amounts already awarded by the Tribunal. M.A.C.A No.629 of 2007 5 i) Medical expenses and Bystander's expenses (no amount awarded): Rs.3,500/- ii) Pain and suffering (15,000 minus 10,000): Rs.5,000/- iii) Loss of earnings [(2000 X 2.5=Rs.5,000/-) minus 2,000/-] : Rs.3,000/- ............... Total Rs.11,500/- ............... (Rupees Twenty eight thousand seven hundred and eighty only) 9. We further direct that the entire amount of compensation shall carry interest at the rate 7.5% from the date of the petition to the date of payment. 10. This appeal is allowed in part to the above extent. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) rtr/-