IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 MACA.No. 264 of 2004() ---------------------- OP(M.V).920/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------- KODIYAN UMMACHU, 4 YEARS, W/O.KUNJUMOIDEEN, VALIYAKANDATHIL HOUSE, VALAKULAM P.O. BY ADV. SRI.P.SAMSUDIN SRI.P.BABU KARTHIKEYAN. RESPONDENT(S): RESPONDENTS. --------------------------- * 1. PALAMADATHIL MOHAMMED NOUSHAD, S/O.MOHAMMEDKUTTY PALAMADATHIL HOUSE, PONMUNDAM AMSOM KLARI DESOM(DRIVER). * 2. P.K.MOHAMMED, S/O.KUNJUMOIDEEN, PALAKKADAN HOUSE, KOZHICHENA, VALAKULAM P.O. 3. UNITED INDIA INSURANCE CO.LTD., MANJERI. (NAMES OF RESPONDENTS 1 AND 2 ARE DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DT. 22.9.2009 IN I.A.NO.2641 OF 2009) BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ. ------------------------------- M.A.C.A.No.264 of 2004 ------------------------------- Dated this the 7th December, 2009 J U D G M E N T Raman, J. The appellant, a female coolie worker, was the injured in a motor accident which occurred on 18.10.1995. While she was walking through the side of the road, a van bearing Registration No.KL-10/C-3298, came from behind and hit against the appellant, causing serious injuries, and she was hospitalised for 27 days. The nature of the injuries suffered by the appellant, as proved by the Ext.A3 discharge certificate , shows that the appellant had fracture of both bones on the left forearm and left leg, fracture of ribs (left), Hamatoma left frontal area with black eye and ruptured kidney. The discharge certificate also shows that the appellant was an inpatient for 27 days in the Alshifa Hospital, Perintalmanna. It was also stated therein that open reduction and D.C. Plating, and that emergency leparatomy and nephreetomy were also done. As a result of the accident, MACA.No.264 of 2004 2 subsequently, the left kidney was removed. An amount of Rs.2,50,000/- was claimed in all. But the Tribunal awarded an amount of Rs.1,35,700/- as the compensation. Dissatisfied with the compensation awarded, this appeal has been preferred. 2. The accident occurred on 18.10.1995. In the absence of better evidence, the income of the injured who was a Coolie worker was taken as Rs.1500/-, which is reasonable. 26% disability was assessed by the Medical Board and the Tribunal has accepted the same, taking a multiplier of 15 (the claimant being 44 years of age), disability compensation was computed and an amount of Rs.70,200/- was awarded. Besides the same, the Tribunal has also awarded an amount of Rs.30,000/- towards the medical expenses; a sum of Rs.2000/- towards Byestander's expenses; a sum of Rs.2000/- towards extra nourishment; a sum of Rs.2000/- towards transport to hospital; a sum of Rs.9000/- towards loss of earnings; a sum of Rs.500/- to damage to clothing; and a sum of Rs.20,000/- towards pain and sufferings. 3. Considering the nature of the injuries and the agony suffered, as a result of the removal of the Kidney, we find MACA.No.264 of 2004 3 that an amount of Rs.20,000/- awarded under the head 'paid and sufferings' is inadequate. Hence, we award a further sum of Rs.10,000/- under the said head. Towards the head 'loss of amenties' no compensation was awarded. Accordingly, we award a further sum of Rs.10,000/- towards loss of amenities. We find that the compensation awarded under the other heads are found to be reasonable. 4. In the result, we award a further compensation of Rs.20,000/- which will carry interest at the rate of 7% per annum, from the date of petition till the date of payment. The Insurance Company shall deposit the said amount within a period of six weeks from the date of receipt of a copy of this judgment. The appeal is allowed in part. No cost. P.R.RAMAN, JUDGE P.R.RAMACHANDRA MENON, JUDGE. nj.