IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 MACA.No. 143 of 2011() ---------------------- OPMV.1638/2009 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER ----------------------------------- AKHILDAS, S/O.M.K.RAMADASAN, AGED 25 YEARS, MUKAVANKANDY HOUSE, PUTHIYAPPA,PUTHIYAPPA PO, PUTHIYANGADI AMSOM DESOM, KOZHIKODE. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SRI.T.K.SANDEEP SRI.ARJUN SREEDHAR SRI.K.RATHISH KUMAR RESPONDENTS: RESPONDENTS -------------------------------------------- 1. T.ABDUL GAFOOR, S/O.ABDULLA KOYA, PULLIYEDATH HOUSE, PARAMBIL PO, KOZHIKODE 673012.. 2. RATHEESH.T. S/O.SURENDRAN T,.1724 A(34/1589)27, KALLAPADANNAYIL, GOVINDAPURAM PO, KOZHIKODE 673705. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, CHEROOTTY ROAD, CALICUT-673 001. ADV. SRI.TITUS MANI FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT& K.SURENDRA MOHAN, JJ. ------------------------------------------- MACA No.143 of 2011 ------------------------------------------- Dated this the 6th September, 2011 JUDGMENT Basant, J Claimant is the appellant. He claimed compensation for personal injury suffered by him in a motor accident which took place on 13.2.2009. He was a fisherman by profession. He claimed to earn a monthly income of Rs.5,000/-. He had suffered compound fracture of both bones of the right leg. He was inpatient from 13.2.2009 to 23.2.2009 and from 24.3.2010 to 26.3.2010. Against a total amount of Rs.3 lakhs claimed, the Tribunal awarded an amount of Rs.81,611/- as compensation as per the details shown in paragraph-10 of the impugned award which we extract below. Head of Claim Amount claimed Amount awarded Details 1 Transport to Hospital 5000 250 -- 2 Extra Nourishment 1000 300 -- 3 Loss of earnings 30000 4500 3000x1 ½ months 4 Bystanders expenses 8000 1100 100x11 days MACA No.143 of 2011 2 Head of Claim Amount claimed Amount awarded Details 5 Treatment expenses 80000 63461 Entire bills 6 Pain and sufferings 30000 10000 --- 7 Loss amenities 10000 2000 --- 8 Total 81611 7% interest from 16.12.2009. 2. The Insurance Company has been made liable entirely to satisfy the award. We have heard the learned counsel for the appellants/claimant and respondent/Insurance Company. 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 submits that the amount of compensation awarded is not just, fair and reasonable. Under the head of transport to hospital, only an amount of Rs.250/- has been awarded. No amount has been awarded under the head of damage to clothing and articles. Even though the appellant had continued treatment as an inpatient for about 14 days and outpatient thereafter, only an amount of Rs.1,400/- (Rs.300+Rs.1100) has been awarded as compensation for extra nourishment and bystanders expenses. Loss of earnings has MACA No.143 of 2011 3 been awarded only for a period of 1 ½ months. Only the actual bills have been ordered to be paid as compensation. For pain and sufferings, the amount awarded i.e.Rs.10,000/- is too inadequate. The amount awarded under the loss of amenities, Rs.2,000/- is also not adequate, contends the counsel. 4. We have considered all the relevant inputs. We find it safe to assume that the compound fracture of both bones of the right leg must have led to involuntary unemployment for the appellant/a fisherman for a period of three months. We are further satisfied that for the 15 days' hospitalisation, appropriate higher amount must be awarded under the head of extra nourishment and bystanders expenses. An amount of Rs.100/- per day under which head, we are satisfied, would be fair and reasonable. For pain and sufferings, we are satisfied that an amount of Rs.15,000/- can be awarded as compensation. Though it is asserted that the appellant has suffered permanent physical disability, there is not a semblance of evidence to prove such disability or its consequence. For loss of amenities, the Tribunal has awarded only an amount of Rs.2,000/-. We are of the opinion that considering the nature of injuries and the period of treatment, an appropriately higher amount can be awarded to MACA No.143 of 2011 4 loss of amenities. 5. The above discussions lead us to the conclusion that the appellant is entitled to a further amount of Rs.21,189/- as compensation in addition to the amount already awarded by the Tribunal, as shown below: 1) Transportation to hospital Rs.750/-(Rs.1,000-Rs.250) 2) Extra nourishment & Bystander's expenses Rs.1400/- (Rs.200/-x14(Rs.2800-Rs.1400) 3) Treatment expenses Rs.4,039/- (Rs.67,500-Rs.63,461/-) 4) Pain and sufferings Rs.5000 (Rs.15,000-Rs.10,000) 5) Loss of amenities Rs.5500(Rs.7500-2000) 6) Loss of earnings Rs.4500 (Rs.3000x3-4500) Total Rs.21,189/- 6. We are not satisfied that the amounts awarded under any other head deserves or warrants interference. 7. In the result, a) This appeal is allowed in part. b) The appellant is entitled to a further amount of Rs.21,189/- (Rupees Twenty One Thousand One hundred and Eighty Nine only) in addition to the amounts already awarded by MACA No.143 of 2011 5 the Tribunal. c) We make it clear that the entire amount of compensation shall carry interest at the rate and for the period specified by the Tribunal in the impugned award. d) All other directions under the impugned award are upheld. Sd/- R.BASANT JUDGE sd/- K.SURENDRA MOHAN JUDGE true copy P.S.TO JUDGE css/