IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 MACA.No. 1198 of 2008 ----------------------- OPMV.1194/1995 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT /PETITIONER IN THE OPMV: ------------------------------------- C.SUBRAMANIAN, S/O.LATE C.KRISHNANKUTTY CHERAL HOUSE, KOLATHARA, NOW RESIDING AT BHAKTHI VILAS, GANDHI ROAD, CALICUT 673 032. BY ADV. SRI.THOMAS ANTONY RESPONDENTS: RESPONDENTS 1 TO 4 IN THE OPMV: ---------------------------------------------- 1. K.C.PADMANABHAN, S/O.KUNHIKRISHNAN MARAR 35/94, KUNDAGOTTU CHALIL, PAYYOLI AMSOM, IRINGOTH DESOM, PAYYOLI. 2. SHAIMA SULAIMAN, W/O.SULAIMAN, THIRUVANNUR, PANNIYANKARA, CALICUT. 3. M/S.UNITED INDIA INSURANCE CO. LTD., CALICUT. 4. P.A.NAZAR, FASTHA, CHEMBAKA HOUSING COLONY, NELLIKODE P.O., CALICUT. ADV. SRI.S.MAMMU FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI,JJ ============================== M.A.C.A. NO. 1198 OF 2008 ============================ Dated this the 20th day of September 2011 JUDGMENT R.Basant, J. The claimant is the appellant. He, a person aged about 49 years, claimed compensation for personal injuries suffered by him in a motor accident which took place on 20/10/1994. He had suffered fracture of the neck of femur left. He was an inpatient from 20/10/1994 to 4/11/1994. He continued his treatment. He was hospsitalised again. He had to undergo a surgical procedure. He had allegedly suffered physical disability. The Tribunal accepted 15% to be the disability suffered by him. Against a total claim of Rs.2,00,000/-, the Tribunal awarded an amount of Rs.93,700/- as per the details given in paragraph 8 of the impugned award which we extract below: 1) Transport to hospital :Rs. 750/- 2) Extra nourishment :Rs. 750/- 3)Damage to cloth : Rs. 300/- 4) Bystander expenses : Rs.12,300/- 5)Medical expenditure : Rs.16,300/- 6)Temporary disability : Rs.13,500/-(9x1500) 7)pain and sufferings : Rs.10,000/- 8) Permanent disability : Rs.35,100/- (1500x12x15/100x13) 9)Loss of amenities : Rs. 5,000/- --------------------- Total : Rs.93,700/- ========= MACA 1198/2008 2 2. We have heard the learned counsel for the appellant and the learned counsel for the Insurance Company. The Insurance company has been made entirely liable to satisfy the impugned award. The challenge is directed only against the quantum of compensation awarded by the Tribunal. 3. Called upon to explain and be specific, the learned counsel for the appellant assails the impugned award on various grounds. First of all, it is contended that the Tribunal had erred grossly in assuming the monthly income of the appellant to be Rs.1500/-. According to the appellant, he was a businessman dealing in plywood and was earning an income of Rs.3,000/- per mensem. Better and authentic evidence about the income earned was not produced. It was in these circumstances, the Tribunal accepted Rs.1500/- as the monthly income. The appellant was a person aged 49 years. Taking all the relevant inputs into account, we are satisfied that Rs.2,000/- can be reckoned as the monthly income of the appellant in 1994. He is consequently be entitled to higher amount of compensation both under the head of loss of earnings (temporary disability-9 MACA 1198/2008 3 months) and reduction in earning capacity(described as permanent disability under entry 8). 4. Learned counsel for the appellant then contends that the appellant had continued treatment for a long period of time. The amount of compensation(Rs.10,000/-) awarded under the head of pain and suffering is inadequate, contends counsel. We take note of all the relevant circumstances. We are of the opinion that an amount of Rs.15,000/- can safely be fixed as the amount of compensation payable under the head of pain and suffering. 5. The learned counsel finally submits that the amount awarded under the head of loss of amenities is too inadequate. 15% disability is proved and accepted by the Tribunal. The appellant in fact examined the Doctor who issued Ext.A1 disability certificate as PW1. 6. Physical disability suffered by a person has two fold reflections on the life of the victim. It reduces the earning capacity. It also reduces and impairs the quality of enjoyment of life of the victim. 49 year old appellant will have to live and endure the evil effects of the physical disability for the rest of his life. We agree with the learned counsel for the appellant that the amount of Rs.5000/- awarded under that head is insufficient. MACA 1198/2008 4 We are satisfied that an amount of Rs.20,000/- can safely be fixed as compensation under the head of loss of amenities. 7. We are not persuaded to agree that the amount awarded under any other head deserves or warrants appellate interference at our hands. 8. The above discussions lead us to the conclusions that the appellant is entitled for a further amount of Rs. 36,200/-as per the details given below as compensation in addition to the amount awarded by the Tribunal. 1 Temporary disability/loss of earning Rs.4500/- (2000 x9 = 18000 minus 13500/-) 2 Pain and suffering Rs.5,000/- (Rs.15,000/- minus Rs.10,000/-) 3 Permanent disability (reduction in earning capacity) Rs.11,700/- (Rs.2000x12x15 x13/100=46800 minus 35,100 ) 4 Loss of amenities Rs.15,000/- (Rs.20,000/- minus Rs. 5000) Total Rs.36,200/- ========= 9. In the result, a)this appeal is allowed in part. b)The appellant is found entitled to a further amount MACA 1198/2008 5 of Rs.36,200/- in addition to the amount already awarded by the Tribunal. c)We make it clear that the entire amount of compensation shall carry interest at the rate and for the period as specified by the Tribunal. d)All other directions of the Tribunal are upheld. Sd/- R.BASANT, JUDGE Sd/- M.C. HARI RANI,JUDGE ks. TRUE COPY P.S. TO JUDGE MACA 1198/2008 6