IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE V.CHITAMBARESH THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 MACA.No. 1480 of 2011() ----------------------- AGAINST THE AWARD DATED 20.12.2010 IN OPMV.520/2008 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): PETITIONER ------------------------ MANOJKUMAR, S/O. GOPINATHAN NAIR, MADATHIL VEEDU, MANAPPALLY NORTH, PAVUMBA VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENT(S): RESPONDENTS -------------------------- 1. SHAJI, S/O. PARAMU, UDAYABHAVANAM VEEDU, VARAVILA P.O., VAVVAKKAVU, KARUNAGAPPALLY, KOLLAM DISTRICT. 690 528 2. ARUN CHAND, S/O. CHANDRAN, KAIPALLIL VEEDU, CHANGANKULANGARA, OACHIRA, KOLLAM. 690 526 3. THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., KAYAMKULAM BRANCH. 690 502. ADV. SMT.RAJI T.BHASKAR STANDING COUNSEL SRI. M.A. GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & V. CHITAMBARESH, JJ -------------------------------------------- M.A.C.A. NO. 1480 OF 2011 ------------------------------------ Dated this the 10th day of November, 2011. JUDGMENT Basant, J. Claimant is the appellant. He claimed compensation for personal injuries suffered by him in a motor accident which took place on 27.09.2007. He was 29 year old at the time of the accident. He was allegedly employed as clerk in M/s. Muthoot Finance and was allegedly earning an income of Rs. 3,500/- per mensem. He was an inpatient for a period of 37 days. He had suffered serious injuries including fractures. He had to undergo surgical procedures. Against a total claim of Rs. 5 lakhs, the tribunal awarded a total amount of Rs. 1,97,000/- as per the details given in paragraph 8 of the impugned award which we extract below. Sl. No. Head of claim Amount a Loss of Earning for 6 months Rs.15,000/- (6 x 2500) B Partial loss of earning Nil C Transport to the hospital Rs. 5,000/- D Extra nourishment Rs. 2,000/- E Damage to clothing and articles Rs. 500/- 2 MACA No. 1480/2011 Sl. No. Head of claim Amount F Others - Bystander expenses Rs. 3,300/- G Medical expenses Rs. 83, 155/- H Compensation for pain and suffering Rs. 20,000/- I Compensation for continuing for permanent disability (Rs. 2500 x 12 x 17 x 10/100) Rs. 51,000/- J Compensation for the loss of amenities in life Rs. 17,000/- Total Rs. 1,96,955/- rounded as Rs. 1,97,000/- (Rupees One lakh and ninety seven thousand only) 2. We have heard the learned counsel for the appellant/claimant and the learned counsel for the insurance company. The challenge is directed only against the quantum of compensation awarded. 3. Called upon to explain and be specific, the learned counsel for the appellant contends that the tribunal should have accepted that the monthly income of the appellant is Rs. 3,000/-. While ascertaining the quantum of compensation payable for reduction in earning capacity an appropriately higher multiplier has to be adopted taking note of the prospect of future improvement in employment. The amounts awarded under all other heads are also challenged. Contention is raised that the 3 MACA No. 1480/2011 tribunal awarded only an amount covered by the bills towards the medical expenses. The tribunal did not award any compensation for expenses of physiotherapy. A reasonable amount ought to have been awarded under that head also contends the learned counsel for the appellant. 4. We have considered all the relevant facts. We find it safe to assume that the appellant must have been earning Rs. 3,000/- per month at the time of accident. We are satisfied that while ascertaining quantum of compensation for reduction in earning capacity, Rs. 3,250/- can be assumed to the monthly income giving due allowance for future improvement in employment. We are not persuaded to agree that the amount awarded under any other head deserves interference. 5. The above discussions lead us to the conclusion that the appellant is entitled for a further amount of Rs. 24,645/- (Rupees twenty four thousand six hundred and forty five only) as shown below as compensation in addition to the amount already awarded by the tribunal. a) Loss of earnings : Rs. 3,000/- (6 x 3000 = 18000 minus 15,000) 4 MACA No. 1480/2011 b) Medical expenses : Rs. 6,845/- (90,000 minus 83155) C) Compensation for reduction in : Rs. 14,800/- earning capacity ------------------ 3250 x 12 x 17 x 10/100 = 66,300 minus 51500 ) Total Rs. 24,645/- ======== 6. In the result, a) This appeal is allowed in part. b) The appellant is found entitled to a further amount of Rs. 24,645/- (Rupees twenty four thousand six hundred and forty five only) in addition to the amount already awarded by the tribunal. c) We make it clear that the entire amount shall carry interest at the rate and for the period as directed by the tribunal under the impugned award. d) Proportionate cost before the tribunal shall be calculated on the entire amount of 5 MACA No. 1480/2011 compensation in accordance with the dictum in Jeena Vs. Satheesh Babu K. [2011 (3) KLT 943]. e) All other directions of the tribunal are upheld. R. BASANT JUDGE V. CHITAMBARESH JUDGE dnc