IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 MACA.No. 880 of 2007(G) ---------------------- OPMV.1836/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT: APPELLANT/PETITIONER IN OP MV ------------------------------------------- SURENDRAN.M.S/O.CHARU,AGED 31 YEARS, RESIDINGA T MEPPARAMBU HOUSE,KURIYEDAM, IKKARAPPADI POST,MALAPPURAM. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS: RESPONDENTS IN OP MV ----------------------------------- 1. K.KRISHNAN,S/O.KADUNGI,AGE NOT KNOWN, RESIDING AT KILIVAYIL HOUSE, IRINGALLOOR POST, VENGARA,MALAPPURAM. 2. SUDHEEER @ SUDHEER KUMAR,S/O. KRISHNADASAN,AGED 40 YEARS, RESIDING AT CHEEBA NILAYAM,NEAR CARE WELL HOSPITAL, RAMANATTUKARA POST,KOZHIKODE. 3. THE UNITED INDIA INSURANCE COMPANY LTD., DEVISIONAL OFFICE: WHITE LINES BUILDIINGS, KALLAI ROAD,KOZHIKODE. ADV. SRI.VINOD VALLIKAPPAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. ------------------------------------ M.A.C.A No.880 of 2007 ------------------------------------- Dated this the 3rd day of April, 2009 JUDGMENT BASANT, J. Claimant before the Tribunal is the appellant before us. There is no representation for any of the respondents. The claimant claimed compensation for personal injuries suffered in a motor accident which took place on 11.03.2001. He was a 26 year old bus conductor on the date of the accident. He claimed to be earning a monthly income of Rs.6,000/-. He suffered burn injuries as a result of the accident. He was an inpatient for a period of 12 days. Before the Tribunal no oral evidence was adduced. Exts.A1 to A4 were marked. The Tribunal on an anxious consideration of all the available inputs proceeded to pass the impugned award directing payment of the following amounts: i) Loss of earning : Rs.2,400/- (2 X 1200) ii) Transportation : Rs. 500/- iii) Pain and suffering : Rs. 8,000/- iv) Bystander's expenses : Rs. 600/- M.A.C.A No.880 of 2007 2 v) Medical expenses : Rs. 2,051/- (Against bills produced) vi) Loss of amenities : Rs. 5,000/- ................... Total : Rs.18,551/- ................... The Tribunal further directed that the said amount be paid along with interest @ 6% per annum. 2. The appellant claims to be aggrieved by the impugned award. The learned counsel for the appellant assails the impugned award on various grounds. 3. First of all it is contended that the 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 counsel. 4. The learned counsel then submits that the compensation awarded under the head of pain and suffering is too low. A total amount of Rs.13,000/- has been awarded under the head pain and suffering and loss of amenities. There is nothing to show that there is any permanent disability has been suffered. There is nothing to show that the buen injuries have resulted in any physical disability or reduction in earning M.A.C.A No.880 of 2007 3 capacity or disfiguration. In these circumstances we are not satisfied that the amounts awarded under the head of pain and suffering or loss of amenities deserve or warrant any interference. 5. The counsel contends that the Tribunal has grossly erred in reckoning the monthly income at Rs.1,200/- only. The Tribunal has accepted that the appellant was a conductor employed in the bus. In these circumstances the counsel contends that in any view of the matter the quantum of monthly income reckoned by the Tribunal is grossly inadequate. The counsel points out that under the second schedule to Motor Vehicles Act, from 1994, even in respect of a non earning person, the Tribunals are permitted to draw the presumption of prudence that the income cannot be below Rs.1,250/- per mensem. We agree with the learned counsel for the appellant. We are, in these circumstances, satisfied that the monthly income can be reckoned at Rs.3,000/- per mensem. We are not satisfied that the amount awarded under any other head warrants appellate interference. M.A.C.A No.880 of 2007 4 6. On the basis of the above discussions, the appellant will be entitled to the following further amount in addition to the amounts already awarded by the Tribunal. Loss of earning capacity [(3000 X 2 minus 2400] : Rs.3,600/- (Rupees Three thousand and six hundred only) 7. We further direct that the entire amount of compensation shall bear interest @ 7.5% from the date of the petition till payment. 8. This appeal is allowed in part to the above extent. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) rtr/-