IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 MACA.No. 1982 of 2005() ----------------------- OPMV.1235/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): CLAIMANT ---------------------- ABDUL HAKIM, S/O.ALAVIKUTTY, KOORIPARAMBIL HOUSE, KADUNGAPURAM POST, MALAPPURAM. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENT(S): RESPONDENTS -------------------------- 1. SAIDUMOULAVI @ SAIDALAVI, S/O.AYAMU, KANNAN PALLIYIL HOUSE, KADUNGAPURAM POST, MALAPPURAM. 2. P.M.KOYAKUTTY, S/O.ALI PUZHAKKAL, MADATHIL HOUSE, MAKKARAPARAMBA POST, MALAPPURAM. 3. M/S.UNITED INDIA INSURANCE CO LTD., BRANCH OFFICE, PEECHI COMPLEX, CALICUT ROAD, PERINTHALMANNA, MALAPPURAM. ADV. SRI.P.MURALEEDHARAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- M.A.C.A. No. 1982 of 2005-G ------------------------------------------------- Dated this the 5th day of January, 2010 JUDGMENT Basant,J. The claimant/injured is the appellant. The challenge in this appeal is only against the quantum of compensation awarded. A total amount of Rs.36,043/- was awarded along with interest and costs as per the impugned judgment as per the details shown below: “Transport to hospital - Rs. 500.00 Extra nourishment and bystanders expenses - Rs. 1,400.00 Medical expenses - Rs. 14,943.00 Pain and suffering - Rs. 9,000.00 Disability (15000x4x17) - Rs. 10,200.00 100 - -------------------- Total - Rs.36,043.00” ======== M.A.C.A. No. 1982 of 2005 -: 2 :- 2. The appellant is a coolie aged 35 years. He had suffered injuries including a compound fracture of left humerus. He was an inpatient from 25/2/01 to 9/3/01 and 5/9/01 to 7/9/01. He had suffered permanent disability to the tune of 4%. 3. The appellant claims to be aggrieved by the impugned award. What is his grievance? He raises the grievance on three specific grounds. First of all, it is contended that the monthly income of a 35 years old coolie was reckoned only at Rs.1,250/- per mensem by the Tribunal and this is perversely low. Secondly, it is contended that there was evidence to show that the claimant, who had suffered fracture of left humerus, was a coolie and had undergone treatment as an inpatient for a period exceeding 15 days. But no amount whatsoever was awarded under the head of loss of earnings. Thirdly, it is contended that though the disability of 4% was taken into consideration and compensation was awarded for loss of earning capacity on the basis of such disability, the impairment in the quality of life consequent to that disability has not been taken into account by the Tribunal. The learned counsel for the appellant contends that further amounts are liable to be granted on this head. 4. We have heard the learned counsel. We find force in M.A.C.A. No. 1982 of 2005 -: 3 :- the challenge raised on the above grounds. The accident had occurred in 2001 and we find it absolutely reasonable to assume that a coolie aged 35 years old in the Kerala context and scenario must have been earning at least an amount of Rs.2,000/- per mensem. Even in the absence of better evidence, that presumption of prudence can safely be drawn, we hold. The nature of the injury and the period of hospitalisation must definitely suggest that even in the absence of better evidence it can safely be concluded that there must have been loss of earnings for a period of three months. The permanent disability of 4% proved by Ext.X1 report of the Medical Board which the court below had accepted for the purpose of ascertaining the loss of earning capacity can also be safely assumed to have repercussions on the quality of enjoyment of life of the injured victim of the accident. We are, in these circumstances, satisfied that following further amounts can be directed to be paid: (1) Loss of earnings - 3 x 2000 - Rs. 6,000.00 (2) Further amounts due under the head of disability - 2000 x 12 x 4 x 17 = 16,320/- 100 minus 1250 x 12 x 4 x 17 = 10,200/- - Rs. 6,120.00 100 M.A.C.A. No. 1982 of 2005 -: 4 :- (3) Compensation for impairment in the quality of life consequent to the physical disability suffered - Rs. 7,500.00 -------------------- Total - Rs.19,620.00 ========= 5. In the result, this appeal is allowed. The appellant is entitled to a further amount of Rs.19,620/- in addition to the amounts already awarded by the Tribunal. Needless to say, interest shall be payable on this enhanced amount of compensation also from the date of the petition as directed by the court below in the impugned award. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge