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 17TH OCTOBER 2011 / 25TH ASWINA 1933 MACA.No. 1246 of 2011() ----------------------- OPMV.895/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) ---------------------------------- ANOOP G.KRISHNAN, S/O.GOPALAKRISHNAN ACHARI, RAJANI BHAVAN, MULAYAM DESOM, KOLIYACODE VILLAGE, NEDUMANGAD TALUK, PRESENTLY RESIDING AT PEARL HOUSE, PULLOOT P.O., KODUNGALLUR TALUK, THRISSUR DIST. BY ADV. SRI.K.S.RAJESH SRI.M.SHAJU PURUSHOTHAMAN RESPONDENTS/RESPONDENTS IN OP(MV) ------------------------------------ 1. NANDAKUMAR, S/O.MADHAVI AMMA, KANDANKAVIL HOUSE, MARATHAKKARA, THRISSUR DIST - 680651. 2. SIDDIQUE, S/O.ABDULKHADER, VAZHEKKAMADAM HOUSE, THEKKUMKARA VILLAGE, THRISSUR DIST - 680651. 3. THE MANAGER, ORIENTAL INSURANCE CO.LTD., PATTAMBI, PALAKKAD DIST - 678001. SC ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * M.A.C.A.No.1246 of 2011 ---------------------------------------- Dated this the 17th day of October 2011 J U D G M E N T R.BASANT,J Claimant is the appellant. He was a student aged 22 years on the date of the accident. He suffered multiple injuries including multiple fractures. He was an in-patient for a total spell of 53 days before the impugned award is passed. He had suffered permanent disability which was assessed to be 28% by a Professor of the Medical College Hospital, Thiruvananthapuram under Ext.A10. The tribunal, against a total claim of Rs.5,42,000/-, awarded an amount of Rs.4,48,297/- as compensation as per the details which are available in paragraph 9 of the impugned award. Sl.N Head of claim Amount claimed (Rs.) Amount awarded (Rs.) Basis vital details in a nut shell 1. Loss of Earning (Total) 12,000/- Rs.2000/- x 6 months 2. Medical and miscellaneous expenses 3,50,000/- 3,19,397/- Rs.3,19,397/- (acceptable bills for Rs.3,19,397/- produced) M.A.C.A.No.1246 of 2011 2 Sl.N Head of claim Amount claimed (Rs.) Amount awarded (Rs.) Basis vital details in a nut shell 3. By-stander expenses 9,000/- 5,300/- Rs.100 x 53 days 1 person 4. Transportation expenses 3,000/- 5. Pain and suffering 1,00,000/- 20,000/- 6. Loss of disability 50,000/- 81,600/- Rs.2000x12x17 x20/100 7. Loss of consortium -- -- 8. Loss of love and affection -- -- 9. Loss of estate -- -- 10. Loss of amenities and conveniences, etc. 30,000/- 10,000/- Total 5,42,000/- 4,48,297/- Rs.4,48,297/- along with interest at the rate of 7% p.a. from 16/8/07 till realisation. 2. Before us, the learned counsel for the appellant and the learned counsel for the insurance company have advanced their arguments. In the nature of the course suggested by both sides, we do not think it necessary to delve deeper into the specific contentions raised. The learned counsel for the appellant submits that transportation expense of Rs.2,000/- even though awarded has not been added up when total compensation has been fixed. Learned counsel further submits that an amount M.A.C.A.No.1246 of 2011 3 of Rs.2,000/- reckoned as multiplicand to ascertain quantum of compensation payable for reduction in earning capacity is grossly and painfully low. The learned counsel further contends that 28% disability reported under Ext.A10 was unjustifiably slashed down to 20%. The learned counsel for the appellant submits that subsequently the appellant had to continue treatment. He was an in-patient for a period about 11 days. Substantial expenses had to be incurred in connection with continued treatment. In these circumstances, it is prayed that the matter may be sent back to the court below for fresh disposal in accordance with law after setting aside the impugned award. 3. The learned counsel for the insurance company, on the contrary, contends that though the claimant/appellant was admittedly not earning any amount and was a student, amount has unjustifiably been awarded under the head of loss of earnings. The learned counsel for the insurance company further contends that the tribunal has reckoned 20% as the disability on the basis of the assessment made in Ext.A10 which assessment, it is pointed out, was made before the implants were removed. After the removal of the implants, the actual extent of M.A.C.A.No.1246 of 2011 4 disability/reduction in earning capacity would be much less, argues the learned counsel for the insurance company. 4. We are satisfied that the ideal course to be followed in this case, in the interests of justice, is to remand the matter to the tribunal for fresh disposal in accordance with law after giving both sides opportunity to adduce all relevant evidence. Such course, we are satisfied, shall advance the cause of justice. 5. In the result, a) This appeal is allowed in part. b) The impugned award is set aside and the tribunal is directed to dispose of the matter afresh after giving both sides opportunity to advance all further relevant evidence. c) The parties shall appear before the tribunal on 01/12/2011 to continue the proceedings. The tribunal shall make every endeavour to dispose of the matter as expeditiously as possible - at any rate within a period of three months from 01/12/2011. d) The amounts, if any, released already to the claimant/appellant need not be returned or deposited before the tribunal. No further amounts need be released hereafter and M.A.C.A.No.1246 of 2011 5 amounts, if any, deposited shall be retained by the tribunal in a fixed deposit account such that the principal amount along with interest accrued can be ordered to be released to the party entitled thereto after fresh disposal of the O.P in the discretion of the tribunal. 6. Hand over copy of this judgment to the learned counsel for both sides. Registry shall immediately communicate the judgment to the tribunal. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge M.A.C.A.No.1246 of 2011 6 M.A.C.A.No.1246 of 2011 7 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010