IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 MACA.No. 1022 of 2005() ------------------------------ OPMV.511/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): PETITIONER: ---------------------------------- JALAJAKSHI M.P. @ BABY, AGED 33 YEARS, W/O. BALAKRISHNA SADHANANDHA GAMBIRA, DAMBEKANA HOUSE, POST KATTUKUKKE, VIA PERALA OF KASARAGOD TALUK. BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S):RESPONDENTS -------------------------------------- * 1. MUHAMMED AGED 31 YEARS, S/O. ABDUL REHMAN, ARLAPADAVU VILLAGE & P.O., PUTTUR TALUK, D.K. DISTRICT, KARNATAKA STATE.(DELETED) 2. ARAVINDA RAI, S/O. BATYAPPA RAI, SURAMBAILOO PANAJE VILLAGE & P.O., PUTTUR TALUK, D.K. DISTRICT, KARNATAKA STATE. 3. THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LTD., PUTTUR, POST PUTTUR, D.K. KARNATAKA DISTRICT. * THE IST RESPONDENT IS DELETED FROM THE PARTY ARRAY AS PER THE ORDER DATED 19/05/2010 IN I.A. NO.1152/2010 AT THE RISK OF THE APPELLANT R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs R. BASANT & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- C.M.Appl.No.1426 of 2005 and M.A.C.A.No.1022 of 2005 ---------------------------------------------------- Dated this the 12th day of July, 2011 Order/Judgment Basant, J. C.M.Appl.No.1426 of 2005 This petition is to condone the delay of 485 days in filing the appeal. Notwithstanding the opposition, we take a lenient view. Petition allowed and the delay is condoned. M.A.C.A.No.1022 of 2005 Appellant was the claimant before the Tribunal. She claimed an amount of Rs.3 lakhs as compensation for the loss suffered by her on account of a motor vehicles accident that took place on 11.5.1997. Against a total claim of Rs.3 lakhs, the Tribunal awarded an amount of Rs.73,720/- as compensation as per the details shown below: 1) Loss of earnings (4370 x 6) - Rs.26,220/- 2) Transport to hospital, Extra-nouri- shment, damage to clothing, Bysta- nders expenses - Rs.7,500/- 3) Medical Expenses - Rs.15,000/- 4) Pain and suffering - Rs.10,000/- C.M.Appl.1426/05 & MACA 1022/05 2 5) Compensation for physical disab- ility - Rs.15,000/- ----------------- Total - Rs.73,720/- ========== 2. Learned counsel for the appellant assails the quantum of compensation awarded. Called upon to be specific, the learned counsel for the appellant submits that the amounts awarded under the head of pain and suffering and physical disability are painfully low and inadequate. The appellant had suffered fracture of superior and inferior ramus of left pubic bone. She had undergone inpatient treatment from 11.5.1997 to 5.6.1997. Scan report suggested small chronic subdural haematoma in right frontal convexity and along the falx in parasagital region. She had to continue treatment as an outpatient even after discharge from the hospital. She was referred to the medical board and the medical board reported that she has not suffered any physical disability. She complained of memory deficit which was confined to her profession of teaching only. She was on treatment with antidepressants for a long period of time. The medical board reported that she was depressed but reported improvement after treatment. The medical board confirmed that she was suffering C.M.Appl.1426/05 & MACA 1022/05 3 from depressive disorder but opined that she will recover completely with present line of management. 3. The Tribunal took note of the fact that no physical disability has resulted, but taking note of Ext.X1 report of the medical board and the totality of circumstances, awarded an amount of Rs.15,000/- as compensation for physical disability/loss of amenities. 4. Having rendered our anxious consideration to all the relevant inputs, we are unable to agree that any physical disability resulting in deduction of earning capacity has resulted. We are of the opinion that the quantum of compensation awarded under the heads of pain and suffering and physical disability can be marginally modified. 5. The above discussion leads us to the conclusion that the appellant is entitled to the following further amounts as compensation in addition to the amounts already awarded by the Tribunal: 1. Pain and suffering (Rs.15,000 minus Rs.10,000) - Rs.5,000/- 2. Physical disability/Loss of amenities -Rs.10,000/- (Rs.25,000 minus Rs.15,000) ----------- C.M.Appl.1426/05 & MACA 1022/05 4 Total -Rs.15,000/- ======= 6. In the result: a) The appeal is allowed in part. b) In addition to the amounts awarded by the Tribunal, the appellant is found entitled to a further amount of Rs.15,000/-. c) The said amount of Rs.15,000/- shall carry interest from the date of the petition to the date of deposit at the rates directed by the Tribunal. d) All other directions of the Tribunal are upheld. R.BASANT, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd C.M.Appl.1426/05 & MACA 1022/05 5