IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 MACA.No. 776 of 2003(B) ----------------------------------- O.P(MV).NO.812/1995 OF ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM. .................... APPELLANT/PETITIONER: ------------------------------------- K.K.PURUSHOTHAMAN, S/O. KUTTAPPAN, KARAPARAMBIL VEEDU, PALLURUTHY, EDACODE,ERNAKULAM. BY ADV. SRI.T.O.XAVIER. RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. THE MANAGING DIRECTOR, CHIEF OFFICE, K.S.R.T.C., THIRUVANANTHAPURAM. 2. VARGHESE, S/O. VAREED, NALLYPALLIYIL VEEDU, PERAMBRA. ADV. SRI.JOHNSON P JOHN,SC KSRTC, FOR R1. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.A.C.A. No. 776 of 2003 --------------------------------------- Dated this the 2nd day of July, 2008 Judgment Koshy,J. Appellant/Claimant sustained injuries in an accident on 12.11.1994. The accident occurred while he was travelling in a KSRTC bus and when it collided with another KSRTC bus. Petitioner was a driver by profession. The tribunal found that the accident occurred due to the negligence of the driver of the KSRTC bus bearing registration No.KL15 1652 and directed the first respondent to deposit the compensation. Against a claim of Rupees Two lakhs, the amount awarded was only Rs.7,300/-. Only quantum of compensation is disputed in this appeal. As per the wound certificate, he sustained the following injuries: "1. Complaint of pain right upper limb and left upper limb; 2. Abrasion 6 c.ms. x 3 c.ms. on the right leg; 3. Lacerated wound on the middle of forehead 3 c.ms. x 0.5 c.m. x 0.5 c.m." He was discharged on 13.11.1994. Immediately thereafter, he was M.A.C.A.No.776/2003 2 admitted in the Neurology Department of the Medical College on 13.12.1994 and was discharged from there on 20.12.1994. Ext.A10 is the medical certificate issued by Associate Professor, Department of Neurology, Medical College Hospital, Alappuzha. He found that the patient complained of difficulty in lifting both upper limbs. Thereafter, Ext.A11 was issued on 27.4.1998, after four years of the accident, assessing 10% disability and also detailing various disabilities. The tribunal further noticed that after his treatment and discharge from Neurology Department, he started working as a driver after four months. In any event, since he did not lose his job, compensation need not be awarded on a multiplier basis as compensation is granted to offset the damage caused by the injuries sustained in the accident. However, he was not able to work for four months. No amount was awarded for loss of actual earning. Even if he has taken eligible leave, he will lose facility to take eligible leave on another occasion or he will lose right of leave encashment at the time of retirement. His monthly income was Rs.3,750/-. Therefore, for actual loss of earnings during the period of treatment he is entitled to Rs.15,000/-. He was an inpatient in the hospital from 12.11.1994 till 20.12.1994. He was again in the hospital for two spells for nine days. Only Rs.4,000/- was awarded M.A.C.A.No.776/2003 3 for pain and suffering. We are of the opinion that Rs.1,000/- more should have been awarded for pain and suffering. Medical bills were reimbursed. We are of the opinion that no enhancement is required under other heads. So, claimant is entitled to an amount of Rs.16,000/-more than that is awarded by the tribunal. The above additional amount of Rs.16,000/- should be deposited by the first respondent with 7.5% interest from the date of application till its deposit. On deposit of the amount, appellant is allowed to withdraw the same. J.B.Koshy Judge P.N.Ravindran Judge vaa M.A.C.A.No.776/2003 4 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.A.C.A. No.776 of 2003 ------------------------------------- Judgment Dated:2nd July, 2008