IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 MACA.No. 2168 of 2005() --------------------------------- OPMV.499/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT/PETITIONER IN OP(MV) : ------------------------------------------------------- RINU MATHEW (MINOR), S/O. LATE K.M.MATHEW, REP. BY HIS MOTHER THRESSIAMMA @ RANI MATHEW, W/O.LATE K.M.MATHEW, KANJIRATHUMKUNIL HOUSE, RAMAPURAM, KOTTAYAM, NOW RESIDING AT MUTTATHIL HOUSE, CHERUKULAM P.O, ANCHAL, KOTTARAKKARA TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS IN OP (MV) : ------------------------------------------------------------- 1. K.M.KUMBATH, S/O.KOYA, KURINGATTICKAL MEETHAL, VELLEYAMKODU P.O. 2. K.K.ABOO, S/O.MOIDEEN, KOOLIKANDI HOUSE, PERAMBRA P.O, KOZHIKODE. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD, CALICUT BRANCH. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & M.C.HARI RANI, JJ. ------------------------------------------------------------- M.A.C.A. No.2168 of 2005 ------------------------------------------- Dated this the 2nd day of September, 2011 JUDGMENT R. BASANT,J. Claimant is the appellant. The claimant was a minor aged 10 years at the time of the accident, which occurred on 08.03.2003. The minor along with his brother and parents was traveling in a car, which was involved in the accident. Father and the brother of the appellant succumbed to the injuries suffered. Serious and grievous multiple injuries including multiple fractures were suffered. The claimant/appellant was an inpatient for a period of 24 days. Against a claim of Rs.5.5 lakhs, the Tribunal awarded a total amount of Rs.1,56,300/- as compensation as per the details given below: Sl.No. Head Amount awarded 1 Pain and sufferings Rs30,000/- 2 Loss of amenities Nil 3 Medical expenses Rs.75,000/- 4 Transportation expenses Rs. 1,500/- 5 Loss of earnings(1500X2) Nil 6 By stander expenses Rs.1,500/- 7 Disability(1500X12X15X17/100) Rs.45,900/- 8 Future Medical expenses Nil M.A.C.A. No.2168 of 2055 2 Sl.No. Head Amount awarded 9 Extra Nourishment Rs. 2,000/- 10 Damages to clothings Rs. 400/- Total Rs.1,56,300/- = = = = = = = = 2. Arguments have been advanced by the learned counsel for the appellant and learned counsel for the Insurance Company. The company has been made entirely liable to satisfy the impugned award. The challenge is raised only on the ground of inadequacy of the quantum of compensation. Called upon to explain and be specific, the learned counsel for the appellant first of all contends that the Tribunal has not awarded any amount under the head of retardation in the educational progress of the child. The child aged 10 years was a school going child. He was an inpatient for a period of about 24 days. He continued treatment as an out patient. The accident, injuries and treatment must certainly have denied the child the opportunity to continue normal educational progress. For that dimension of loss no compensation was allowed. We are satisfied that there must have M.A.C.A. No.2168 of 2055 3 been interruption of studies for at least a period of 3 months. Appropriate amount of compensation deserves to be awarded under that head. We agree with the learned counsel. 3. Learned counsel for the appellant then points out that for the minor aged 10 years, service of a bystander was certainly necessary for the period of treatment as an inpatient and even thereafter. He was an inpatient for a period of 24 days. The Tribunal has awarded only an amount of Rs.3,500/-(1500+2000) under the heads of bystander's expenses and Extra nourishment. Counsel argues and we agree that an amount of Rs.100/- each per day is liable to be awarded under the heads of bystander's expenses and extra nourishment. Further amounts hence deserves to be awarded under these heads. 4. Learned counsel for the appellant pointed out that even though medical bills for a total amount of Rs.1,12,083.97 (94,083.97+18,000.00) were produced by the appellant before the Tribunal, the Tribunal without assigning any reason has slashed down the amount of compensation to Rs.75,000/-. No reasons whatsoever are assigned. Actual medical bills have been M.A.C.A. No.2168 of 2055 4 produced and cutting down the figure of total expenses without assigning any reason is not justified, contends counsel. We agree with the learned counsel. 5. 17% disability was suffered by the minor claimant. The Tribunal had accepted the extent of disability. Compensation for future reduction in earning capacity was ascertained by the multiplier multiplicand method. The quantum of compensation was fixed at Rs.45,900/-(1500X12X15X17/100). Learned counsel for the appellant does not strain to challenge the said amount of compensation, but contends that in any view of the matter for the 17% physical disability suffered by the claimant, a young boy aged 10 years, compensation must necessarily have been granted under the head of loss of amenities. Learned counsel for the Insurance Company points out that an amount of Rs.30,000/- has been awarded as compensation for pain and suffering. We are in agreement with the learned counsel for the appellant that for all other dimensions of the physical disability suffered(other than reduction in earnings), compensation is liable to be awarded under the head of loss of amenities. Taking note of the M.A.C.A. No.2168 of 2055 5 relatively higher amount of compensation awarded under the head of pain and suffering, we are satisfied that a further amount is liable to be awarded under the head of loss of amenities. The amounts awarded on any other ground are not challenged. 6. The above discussions lead us to the conclusion that the appellant is entitled to a further amount of Rs.64,383.97/- in addition to the amount awarded by the Tribunal. 1.Bystander's expenses and Extra nourishment : Rs. 1,300.00 (24X200 minus 3500) 2. Medical and miscellaneous expenses (Rs.1,12,083.97 minus 75,000) : Rs.37,083.97 3. Compensation for interruption of educational curriculum (three months) :Rs. 6,000.00 4. Loss of amenities :Rs.20,000.00 (No amount awarded by the Tribunal. This amount is in addition to the amount awarded under the head of pain and suffering) ----------------------- Total Rs.64,383.97/- = = = = = = = = = = 7. Learned counsel for the appellant contends that interest has been awarded only at the rate of 6% p.a. This is grossly M.A.C.A. No.2168 of 2055 6 inadequate points out the counsel. We agree. We are satisfied that the interest deserves to be awarded at the rate of 7.5 % p.a. 8. In the result: a. This appeal is allowed in part. b. The appellant is found entitled to a further amount of Rs. 64,383.97/- in addition to the amount already awarded by the Tribunal. c. We direct that the entire amount of compensation shall carry interest at the rate of 7.5% p.a. from the date of the claim to the date of payment/realization. d. All other directions of the Tribunal are upheld. R. BASANT, JUDGE M.C.HARI RANI, JUDGE ln