IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 MACA.No. 912 of 2007() ----------------------------------- OP(MV)NO.1039/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, N. PARAVUR .................... APPELLANT(S): APPELLANT/PETITIONER: -------------------------------------------------------------- PRAVEEN KUMAR, AGED 31 YEARS, S/O. CHANDRASEKHARA PILLAI, KAKKATTU VEETTIL EDAYAR, BINANIPURAM P.O., KODUNGALLUR VILLAGE, PARUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.T.A.SOMAN RESPONDENT(S): RESPONDENTS: -------------------------------------------------- 1. C.K. THANKACHAN, AGED 52 YEARS, S/O. CHACKO VELLOOR VEETTIL, NEAR VISWADEEPTHI SHCOOL, CHIRAYAM, PANAIKULAM, ALANGAD VILLAGE, PARUR TALUK. 2. AZEEZ, S/O. KOYAN, MEZHIKKATTIL HOUSE, THECHEKARA, EDATHALA, ALUVA. 3. NEW INDIA ASSURANCE CO. LTD., KODAVATH SHOPPING COMPLEX, ALUVA. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts R. BASANT & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- M.A.C.A.No.912 of 2007 ---------------------------------------------------- Dated this the 26th day of July, 2011 Judgment Basant, J. Claimant is the appellant. He claimed compensation for the personal injuries suffered by him in a motor vehicles accident that took place on 24.8.2004. Against a claim for Rs.3,31,000/-, only an amount of Rs.75,920/- was awarded as compensation as per the details shown below: 1. Loss of earning - Rs.4000/- 2. Transportation charges - Rs.250/- 3. Damage to clothing - Rs.250/- 4. Extra-nourishment charges - Rs.500/- 5. Medical expenses - Rs.24000/- 6. Attendance expenses - Rs.1000/- 7. Pain and suffering - Rs.12000/- 8. Loss of amenities - Rs.8000/- 9. Permanent disability & Loss of earning power(2000x12x18x6/100) - Rs.25920/- ---------------- Total - Rs.75,920/- ============= 2. The challenge in this appeal is directed against the quantum of compensation awarded by the Tribunal. The third respondent-insurance company has been made liable. Though served, the third respondent has not chosen to enter MACA 912/07 2 appearance. 3. We have heard the learned counsel for the appellant in detail. He submits that the quantum of compensation awarded is not adequate, reasonable or just. Called upon to be specific, the learned counsel for the appellant first of all contends that the appellant was a heavy vehicles driver. He has suffered injury including fracture on the shaft of the right femur. X-ray had confirmed such fracture. He was an inpatient from 24.8.2002 to 3.9.2002. He had to continue treatment for a long period of time. The Tribunal had unrealistically reckoned only Rs.2000/- as monthly income of a heavy vehicles driver. The further assumption of the Tribunal that the period of involuntary unemployment could only be only two months is also grossly incorrect, contends the learned counsel. 4. The learned counsel for the appellant then contends that the quantum of compensation awarded under the head of pain and suffering (Rs.12000) is inadequate. As already stated, a major fracture has been suffered and he was an inpatient from 24.8.2002 to 3.9.2002. He had to continue treatment thereafter also. All these circumstances must have been realistically taken MACA 912/07 3 note of by the Tribunal, contends learned counsel. 5. The learned counsel then contends that the Tribunal erred grossly in not accepting and acting upon Ext.A6 disability certificate issued by a medical board to which the Tribunal had referred the appellant. The medical board had come to the conclusion that the physical disability is 15%. But the Tribunal accepted the reduction in earning capacity only 6%. This is incorrect, contends the learned counsel. The learned counsel further contends that the Tribunal committed the same error again when it reckoned the monthly income as Rs.2000/- only when quantification of the loss suffered on account of the reduction in earning power was made. For loss of amenities for the appellant, a young man aged 27 years, only an amount of Rs.8000/- has been awarded. Even assuming that the reduction in earning capacity was only 6%, appropriate amount of compensation must have been awarded under the head of loss of amenities, contends the learned counsel. 6. We have considered all the relevant circumstances. We are in agreement that the monthly earnings of the heavy vehicles driver was not properly taken into account by the Tribunal. We MACA 912/07 4 feel that Rs.3500/- can safely be assumed to be the monthly income of the appellant in 2004 even in the absence of better evidence. We are further satisfied after having gone through the disability certificate issued by the medical board that 10% can safely be assumed to be reduction in earning capacity consequent to the physical disability suffered. Appropriate increase in the amount of compensation under the head of pain and suffering and loss of amenities can also be granted. 7. The above discussion leads us to the conclusion that the appellant/claimant is entitled to a further amount of Rs.62,680/- as compensation in addition to the amounts already awarded by the Tribunal as per the details shown below: 1. Loss of earnings (3500x4 minus 4000) -Rs.10,000/- 2. Pain and suffering (15,000 minus 12,000) -Rs.3,000/- 3. Loss of earning capacity (3500x12x10/100x18 minus 25920) -Rs.49,680/- -------------- Total -Rs.62,680/- ======= 8. We are not persuaded to agree that the amount awarded under any other head deserves enhancement/modification. 9. In the result: a) This appeal is allowed in part. MACA 912/07 5 b) The appellant is found entitled to a further amount of Rs.62,680/- (Rs. Sixty Two Thousand Six Hundred and Eighty only) as compensation in addition to the amounts already awarded by the Tribunal. c) We direct that the entire amount of compensation shall carry interest at the rates directed by the Tribunal. d) All other directions of the Tribunal are upheld. R. BASANT, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd MACA 912/07 6