IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 MACA.No. 2125 of 2005() ----------------------- OPMV.247/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: -------------------------------------- VELLAYAPPAN, AGED 45 YEARS, S/O. IRULAPPA GURUKKAL, VADAKKETHARAYIL HOUSE, OPP.POTTAMMAL L.P. SCHOOL, KARUVAMBRAM P.O., MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT:3RD RESPONDENT: ---------------------------------------------------- THE UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE MANJERI. BY ADV. SRI.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 2125 OF 2005 --------------------- Dated this the 13th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 247/01. The appellant aged 41 years, a photographer by profession, had sustained injuries in a road accident. He had a comminuted fracture shaft of the left femur. He had also a lacerated wound of the right leg and pain all over the body. It can be seen from the treatment records made available before me that he was treated in the hospital from 21.11.99 to 28.12.99. He was initially treated in the Medical College Hospital and had undergone a surgery and internal fixation of the bone. The Tribunal accepted the disability of 2% and awarded him the compensation. I feel the percentage of disability alone shall not be looked into for awarding compensation under other heads. The appellant is a native of Malappuram district and was initially treated in the Medical College Hospital, Kozhikode and subsequently in the District Hospital. It can also seen that he had visited the hospital on innumerable number of occasions. Considering the distance and MACA No.2125/05 2 travel, I enhance the transport expenses by Rs.750/-. Even if the treatment is in the Medical College Hospital or in the Government Hospital, patients are always forced to purchase medicines from outside and they may not be in a position to preserve all the bills. Here the inpatient treatment is for 37 days. Therefore, I enhance the compensation for bystanders expenses and medical expenses by Rs.2,500/-. Tribunal has not awarded any amount at all for the medical expenses. The prolonged inpatient treatment in the hospital establishes the factum of the pain and suffering undergone by him and the Tribunal has only awarded a nominal amount of Rs.8,000/- as compensation for pain and suffering. I increase it by Rs.4,000/-. It is true that permanent disability compensation and loss of earning capacity compensation shall not be overlapped. But it is always a factor that when there is loss of amenities and enjoyment in life that also has to be taken note of. Here the percentage of disability compensation is calculated at 2% alone and nothing is granted towards loss of amenities and enjoyment in life. It is also a factor which the Tribunal should have considered. Therefore, I award him Rs.5,000/- under that head. On account of the factum of accident and hospitalisation for a period of 37 days, it is certain that he would MACA No.2125/05 3 not have been in a position to do the work for sometime. I award Rs.3,750/- under that head thereby entitling the appellant to have an additional compensation of Rs.16,000/-. The Tribunal has awarded 6% interest, which is inadequate and it has to be increased to 7%. Therefore, the award is modified whereby the appellant is awarded an additional compensation of Rs.16,000/- with 7% interest on the said sum plus additional 1% of interest on the amount already awarded. In the result, the MFA is partly allowed and the claimant is awarded an additional compensation of Rs.16,000/- with 7% interest on the said sum plus additional 1% of interest on the amount already awarded from the date of petition till realisation. The Insurance Company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.2125/05 4