IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 MACA.No. 1360 of 2011 ----------------------- OPMV.386/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT: PETITIONER ------------------------ VELAYUDHAN, AGED 55 YEARS, S/O.CHANDU, OORAKAM, VENKULAM, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENTS: RESPONDENTS -------------------------- 1. RAHMATHULLA, S/O.MOIDEEN BAVA, ENENKADAVATH HOUSE, KOOTTIL P.O., MANKADA, MALAPPURAM DISTRICT. 2. ORIENTAL INSURANCE COMPANY LTD., NILAMBUR ROAD, MANJERI. ADV. SMT.A.SREEKALA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI,JJ ============================== M.A.C.A. NO. 1360 OF 2011 ============================ Dated this the 26th day of September 2011 JUDGMENT R.Basant, J. The claimant is the appellant. He claimed compensation for personal injuries suffered in a motor accident which took place on 6/1/2007. He suffered multiple injuries including fractures. He was an inpatient for six days. Against a total claim of Rs.1,25,000/-, the Tribunal awarded an amount of Rs. 77,985/- as compensation as per the details given in the summary of claim appended to the award which we extract below: sl.No. Head Amount awarded Basis with details in a nut shell 1 Loss of earning(total) Rs.24,000/- 3 months 2 Loss of earning (partial) - - 3 Medical and miscellaneous expenses Rs.12,885/- Ext.A9 series 4 Future treatment - - 5 Bystander expenses Rs. 600/- 6 days 7 Extra nourishment - - 8 Damage to clothing Rs. 250/- Nominal amount 9 Pain and suffering Rs.15,000/- Fractures and amputation 10 Loss of dependency/economic benefits - - 11 Loss of consortium - - MACA 1360/2011 2 sl.No. Head Amount awarded Basis with details in a nut shell 12 Loss of love and affection - - 13 Loss of estate - - 14 Loss/reduction in earning capacity 15 Loss of amenities and conveniences etc. Rs.25,000/- Amputation of finger and 10% functional disability 16 Any other heads(disability) - - Total Rs.77,985/- 9% interest p.a.on award amount from the date of petition. 2. We have heard the learned counsel for the appellant and the learned counsel for the Insurance company. The challenge against the impugned award is directed only against the quantum of compensation awarded by the Tribunal. 3. Called upon to explain and be specific, the learned counsel for the appellant submits that the Tribunal, even after coming to the conclusion that the appellant had suffered 10% of physical disability, erred grossly in coming to the conclusion that this disability suffered does not have any reflection on the earning capacity of the appellant, though the Tribunal had awarded an amount of Rs.25,000/- as compensation for loss of amenities in addition to an amount of Rs.15,000/- awarded under the head of pain and suffering, did not at all take into MACA 1360/2011 3 consideration, the reduction in earning capacity that has resulted because of the physical disability suffered on account of the accident. The appellant was riding a motor cycle at the time of the accident. The appellant is an LIC Agent and in connection with his employment, he is obliged to ride a motor cycle. The disability suffered has affected his capacity to ride a motor cycle. 10% is the physical disability certified by the Medical Board (and accepted by the Tribunal)., the Tribunal must have reckoned 10% as the reduction in earning capacity also, contends the learned counsel for the appellant. 4. Learned counsel for the Insurance company, on the contrary, contends that an amount of Rs.25,000/- has already been awarded under the head of loss of amenities and conveniences etc. The learned counsel for the appellant submits that it must be promptly noted that the amount of Rs.25,000/- awarded under the head of loss of amenities is in addition to the amount of Rs.15,000/- awarded under the head of pain and suffering. 5. We are satisfied that the total amount of Rs.40,000/- (25000 plus 15000) awarded under the head of pain and suffering and loss of amenities does not warrant interference at MACA 1360/2011 4 all. However, we agree with the learned counsel for the appellant that the Tribunal had erred in assuming that the physical disability suffered by the appellant will have no reflection on his earning capacity. He is an LIC Agent. Mobility is important in the avocation of the appellant. We have indications to unmistakably suggest that 10% disability would at least indirectly affect his ability to ride a two wheeler. We are satisfied that it would be absolutely safe to assume that the disability suffered must have reduced the earning capacity of the appellant at least by 6%. Considering the nature of disability and the nature of avocation of the appellant, we find the said conclusion to be absolutely justified. The fact that an amount of Rs.25,000/-- has been awarded under the head of loss of amenities does not at all persuade us to ignore or assume that there would have been no reduction in earning capacity. 6. We are satisfied that 9 has to be reckoned as the multiplier considering the age of the claimant/appellant – age group of 55-60 years, as per the dictum in Sarla Verma v. Delhi Transport Corporation [2009(6)S.C.C. 121]. MACA 1360/2011 5 7. The above discussions lead us to the conclusion that the appellant is entitled to a further amount of Rs.51,840/-(8000 x 12 x 9 x 6/100) as compensation for reduction in earning capacity in addition to the amount already awarded by the Tribunal. 8. In the result, a)this appeal is allowed in part. b)The appellants are found entitled to a further amount of Rs.51,840/-(rupees fifty one thousand eight hundred and forty only) in addition to the amount awarded by the Tribunal. c)We make it clear that the entire amount of compensation shall carry interest at the rate and for the period as specified by the Tribunal in the impugned award. d)All other directions of the Tribunal are upheld. Sd/- R.BASANT, JUDGE Sd/- M.C. HARI RANI,JUDGE ks. True copy P.S.To Judge MACA 1360/2011 6