IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 MACA.No. 2560 of 2010() ----------------------- OPMV.288/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): PETITIONER ------------------------ SURESH, AGED 34 YEARS, S/O.VISWAMBHARAN, KODAYIL VEEDU, ANAPPARA, KUMMIL.P.O. BY ADV. SRI.PRATHEESH.P RESPONDENTS/RESPONDENTS -------------------------- 1. DAHIYA.B., 606/6 SIOR NAGAR, KONTHURUTHY, KOCHI-13. 2. BIJU, S/O.SIVADASAN, SUDARSANA VILASOM, KATTAPURAM.P.O.691017 3. M/S.ORIENTAL INSURANCE CO.LTD., KOLLAM.691001 4. NATIONAL INSURANCE CO.LTD., KOLLAM.691001 ADV. SRI.TITUS MANI FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * M.A.C.A.No.2560 of 2010 ---------------------------------------- Dated this the 4th day of August 2011 J U D G M E N T R.BASANT,J Claimant is the appellant. He claimed compensation for personal injuries suffered by him in a motor accident which took place on 23/10/2004. Against a claim of Rs.3,00,000/-, the Tribunal awarded an amount of Rs.1,52,326/- as per the details given in paragraph 9 which we extract below: PART - 1 (a) Loss of Earning for 6 months (Rs.2,500/- x 6) Rs.15,000/- (b) Partial loss of Earning NIL (c) Transport to the Hospital Rs. 2,000/- (d) Extra nourishment Rs. 1,000/- (e) Damage to clothing and articles Rs. 500/- (f) Others - Bystander expenses Rs. 1,500/- (g) Medical expenses Rs. 5,326/- PART-II (h) Compensation for pain and suffering Rs. 25,000/- (i) Compensation for continuing for permanent disability (Rs.2000 x 12 x 17 x 25/100) Rs.1,02,000/- (j) Compensation for the loss of amenities in life Nil Total Rs.1,52,326/- rounded as Rs.1,52,400/- (Rupees one lakh fifty two thousand and four hundred only) M.A.C.A.No.2560 of 2010 2 2. The challenge is raised only against the quantum of compensation awarded. Called upon to be specific, the learned counsel for the appellant submits that the appellant wants to challenge the quantum of compensation awarded under the head of compensation for reduction in earning capacity (permanent disability). The appellant has a further grievance that no amount of compensation has been awarded under the head of loss of amenities. The disability certificate produced by the appellant reveals that he has a disability of 39%. This is proved by Ext.A15 certificate. The author of the certificate was not examined in court. However, we find that the appellant was present in court and the Tribunal had taken note of the disabilities though a detailed narration of the observations by the Tribunal is not made available to the court in the award. Be that as it may, the Tribunal reckoned 25% as the reduction in earning capacity. We find no better evidence to conclude that the reduction in earning capacity must be reckoned at any higher figure. 3. The learned counsel for the appellant submits that the Tribunal had fairly accepted the monthly income to be Rs.2,500/- per month. The appellant was a driver. He had claimed that his monthly income was Rs.2,500/-. The same was accepted by the M.A.C.A.No.2560 of 2010 3 Tribunal also. But, having accepted the monthly income at Rs.2,500/- for the purpose of ascertaining the loss of earnings for six months, the Tribunal, most unjustifiably and without any sufficient reason, arbitrarily reduced the monthly income from Rs.2,500/- to Rs.2,000/-. This is improper. If at all, the tribunal could only have directed an increase in the amount of monthly wages for the purpose of computing reduction in earning capacity taking into account the possible future improvement in prospects. At any rate, the Tribunal has grossly erred in taking a lesser figure than what is reckoned for computing loss of earnings as monthly income for the purpose of ascertaining loss of earning capacity. 4. We find the objection to be validly taken. We are satisfied that as claimed by the appellant, Rs.2,500/- must certainly be reckoned as the monthly income while ascertaining the quantum of compensation for permanent reduction in earning capacity. 5. After entering a finding that the appellant had suffered permanent reduction in earning capacity to the extent of 25%, we note that the Tribunal has not awarded any amount of compensation under the head of loss of amenities. Physical M.A.C.A.No.2560 of 2010 4 disability suffered by a person has two fold reflections on his future life. It reduces the earning capacity. It also reduces the quality of enjoyment of life which the injured victim can aspire to live thereafter. For that component of the loss suffered, no amount has been awarded and that, we find, is absolutely unjustified. Appropriate amount will have to be awarded as compensation under the head of loss of amenities for the appellant who has suffered atleast 25% physical disability as found by the Tribunal. He was aged only 30 years at the time of the accident and he will be compelled to endure such disability and its consequences for the entire rest of his life. 6. The above discussion lead us to the conclusion that the appellant is entitled for a further amount of Rs.75,500/- as per the details shown below: Compensation for reduction Rs.25,500/- in earning capacity [Rs.1,27,500/- (Rs.2,500/- x 12 x 17 x 25/100) minus Rs.1,02,000/-) Compensation for loss of amenities Rs.50,000/- including shortened expectation of life Total Rs.75,500/- M.A.C.A.No.2560 of 2010 5 7. In the result, a) This appeal is allowed in part. b) The impugned award passed by the Tribunal is upheld in all other respects. But the appellant is found entitled to a further amount of Rs.75,500/- (Rupees seventy five thousand five hundred only) in addition to the amount already awarded by the Tribunal. c) We make it clear that interest shall be payable on the entire amount of compensation at the rates and for the period as directed by the Tribunal. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge M.A.C.A.No.2560 of 2010 6 M.A.C.A.No.2560 of 2010 7 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010