IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 MFA.No. 779 of 2000(D) --------------------------------- O.P(MV).NO.65/1996 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM. .................... APPELLANT/ CLAIMANT: ------------------------------------ N. INDIRADEVI AMMA, AGED 49 YEARS, WIFE OF G. BHASKARA PILLAI, `RESHMI', PRASANTH NAGAR, MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM-11. BY ADV. SRI.NAIR AJAY KRISHNAN, ADV. SRI.NAGARAJ NARAYANAN. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. DR. RAGHU K.G., POST GRADUATE STUDENT IN MEDICINE, P.G. HOSTEL, MEDICAL COLLEGE, THIRUVANANTHAPURAM, FROM 'NIRMALAYAM', M.G. ROAD, MEENANGADI, VYNAD. 2. M/S. UNITED INDIA INSURANCE COMPANY LIMITED, REPRESENTED BY ITS BRANCH MANAGER, PALAYAM, THIRUVANANTHAPURAM. BY ADV. SRI.MATHEWS JACOB(SR), ADV. SRI.P.JACOB MATHEW - R2. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2008, ALONG WITH M.F.A. NO. 1027/2000, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.F.A.NOS.779 & 1027 OF 2000 (D) ------------------------------------- Dated this the 26th day of May, 2008 J U D G M E N T Koshy,J . A Central Government employee while travelling with her husband in a scooter driven by her husband sustained injuries when a Maruthi car driven by the 1st respondent hit the scooter. The above car was insured by the 2nd respondent Insurance company. She claimed a compensation of Rs.1,75,000/-. Tribunal awarded only Rs.1,59,789/- with interest at the rate of 12% per annum from 1.10.1996 till its deposit. Award was passed in October 1999. The tribunal found that accident occurred due to the negligence of the driver of the vehicle insured by the appellant Insurance company in M.F.A.No.1027/2000. The above appeal was filed contending that quantum of compensation awarded was very high. M.F.A.NO.779/2000 was filed by the claimant contending that amount awarded was inadequate. Therefore, the question to be considered is only regarding the quantum of compensation MFA.NOS.779/00 & 1027/00 2 awarded. 2. With regard to the income, tribunal has taken Rs.5,397/- as the monthly income as shown by the salary certificate produced. Even though two doctors PWs.2 and 3 were examined, percentage of disability was not assessed. Tribunal fixed 15% disability. Injury suffered was left knee ligaments injury. She claimed that she was under treatment for 188 days and she took 188 days leave and claimed Rs.20,000/- as leave wages but tribunal has granted Rs.15,000/- for leave wages. Counsel for the Insurance company submitted that there is no evidence to show that she has taken 188 days leave. No certificate was produced showing whether leave taken was the eligible leave or loss of pay leave etc. Counsel for the claimant submits that even if she has taken leave from the eligible leave, she has to forgo that much leave at the time of leave surrender. But we note that tribunal has taken three months wages as leave salary. Considering the injuries, no change is required in the above. Major dispute is regarding the quantum of compensation assessed for permanent disability. MFA.NOS.779/00 & 1027/00 3 3. According to the Standing Counsel for the Insurance company, the tribunal assessed 15% permanent disability without any basis. No disability certificate was produced. According to the counsel for the claimant, she has to live with the difficulties through out her life and she is having enduring pain due to the injury. According to the counsel for the Insurance company, there is no permanent disability caused due to the ligament injury and disability, if any, is of temporary in nature. But she rejoined duty and her salary was not affected by the injury. She was a Government employee and she continued her employment. Her salary also was not affected. In the above circumstances, compensation cannot be awarded on a multiplier basis as salary was not reduced. Here her earning was not lost. But at the same time, she has to suffer the inconvenience till her life. It may also affect her employment etc. Considering the fact that she continued in employment, we are of the view that Rs.1,26,289/- awarded for loss of earning power and permanent disability was on the high side as there was no loss of earning power. We are of the opinion that an amount of MFA.NOS.779/00 & 1027/00 4 Rs.50,000/- will suffice for compensation for loss of earning power, permanent disability, loss of amenities etc. Tribunal has granted Rs.15,000/- towards pain and sufferings. Out of the Rs.8,000/- claimed for medical expenses, tribunal awarded only Rs.5,000/-. For extra nourishment, Rs.2,500/- was awarded and for damage to clothing and articles Rs.1,000/- was awarded. For transportation to hospital, Rs.500/- was awarded. So the compensation now awarded are as follows: Part I loss of actual earnings Rs.15,000/- towards transport to hospital Rs.500/- Extra nourishment Rs.1,500/- Damage to clothing Rs.500/- Medical expenses Rs.5000/- _______________ Rs.22,500/- Tribunal has awarded Rs.1,000/- towards pain and sufferings and Rs.10,000/- towards injuries. We are of the view that Rs.11,000/- can be awarded for pain and sufferings due to MFA.NOS.779/00 & 1027/00 5 injuries. We have already calculated Rs.50,000/- for permanent disability, loss of amenities, earning power etc. So the total compensation comes to Rs.83,500/-. The award was passed in the year 1999 and considering the interest rate applicable at that time, we are not changing the rate of interest awarded by the tribunal at its discretion. We also refer to the decision of the Apex Court in National Insurance Co. Ltd. v. Keshav Bahadur and others (AIR 2004 SC 1581) in this regard. But total amount is reduced and Insurance company is directed to deposit Rs.83,500/- with interest from the date of application till the date of deposit and proportionate costs at the rate awarded by the tribunal after deducting the amount already deposited. Award is modified accordingly. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp MFA.NOS.779/00 & 1027/00 6 J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.F.A.NOS.779 & 1027 OF 2000 (D) ------------------------------------- J U D G M E N T Dated this the 26th day of May, 2008