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 1ST AUGUST 2011 / 10TH SRAVANA 1933 MACA.No. 1261 of 2006() ----------------------- OPMV.1738/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- ABDUL AZEEZ, S/O. ABOOBACKER, KANIYARAKKAL HOUSE, P.O.IRITTY. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): RESPONDENT NO.3. ------------------------------- UNITED INDIA INSURANCE CO.LTD., THALASSERY. ADV. SRI.JOHN JOSEPH VETTIKAD FOR R THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- M.A.C.A. No.1261 of 2006 ------------------------------------------------- Dated this the 1st day of August, 2011 JUDGMENT Basant,J. Claimant is the appellant. He claimed compensation for personal injuries suffered by him in a motor accident which took place on 24/6/2000. Against a claim of `2,00,000/-, the Tribunal awarded a total amount of `18,000/- as per the details shown below: Sl. No. Heads Amount awarded Part-I 1 Compensation for loss of earnings from 24/6/2000 to 24/9/2000 Nil 2 Partial loss of earning Nil 3 Transport to hospital Rs. 800.00 4 Extra nourishment Rs. 700.00 5 Damage to clothing and articles Rs.400.00 6 Others: Medical expenses Rs.2900.00 7 Expenses on attendance Rs.2100.00 M.A.C.A. No.1261 of 2006 -: 2 :- Sl. No. Heads Amount awarded Part-II 1 Compensation for pain and suffering Rs.8000.00 2 Compensation for continuing or permanent disability Rs.3000.00 Total Rs.17900.00 Rounded off to Rs.18000.00 2. The quantum is the only ground of challenge. The learned counsel for the appellant submits that the Tribunal did not realistically take note of the injuries, treatment, hospitalisation, involuntarily unemployment etc., before coming to the conclusion that only an amount of `18,000/- is due. 3. The appellant is a resident of Iritty. After suffering the injuries, he was rushed to the Medical College Hospital, Calicut. He underwent treatment as an inpatient there for a period of 14 days. He had suffered fracture of the right frontal bone, multiple haemoragic contusion of right frontal lobe was also suffered. He had other external injuries. There was bleeding from the left ear. No disability was suffered - at least there is no evidence to prove any such disability suffered. 4. The learned counsel for the appellant, first of all, contends that the Tribunal erred grossly in not awarding any M.A.C.A. No.1261 of 2006 -: 3 :- amount under the head of loss of earnings. The nature of the injuries and the period of the treatment must suggest that the appellant must have been involuntarily unemployed for a period of 3 months. According to the appellant, he is employed as a Salesman in a milk society. We are satisfied that it is absolutely reasonable to assume that he would have been involuntarily unemployed for a period of three months and that his monthly salary can be accepted as `2,344/-. For transport to hospital, only an amount of `800/- has been awarded. Considering the fact that he was treated at the Medical College Hospital, Kozhikode, it is easy to assume that higher expenditure for transportation must have been incurred. He was an inpatient for 14 days. We are hence satisfied that for medical and miscellaneous expenses including extra nourishment, bystander's expenses, damage to clothing etc., further amounts deserve to be awarded. The learned counsel contends and we agree that the amount of compensation awarded under the head of pain and suffering (`8,000/-) is too low considering the nature of injuries and the period of treatment. 5. Taking all the relevant circumstances into account, we are satisfied that the appellant is entitled to an amount of M.A.C.A. No.1261 of 2006 -: 4 :- `35,032/- as compensation as per the details shown below: 1. Loss of earnings (`2344 x 3) - `7,032/- 2. Medical and miscellaneous expenses including medical bills, transportation expenses, extra nourishment, bystander's expenses etc. - `10,000/- 3. Pain and suffering - `18,000/-(`15000 + including loss of amenities. `3000) ------------- Total - `35,032/- ====== 6. The appellant is therefore entitled to a further amount of `17,032/- (Rupees seventeen thousand and thirty two only) in addition to the amount already awarded by the Tribunal. We are further satisfied that interest awarded at the rate of 6% per annum is not adequate. We are satisfied that interest can be awarded on the entire amount of compensation from the date of the petition to the date of the realisation at 7.5% per annum. 7. In the result: (a) This appeal is allowed in part. (b) The appellant is found entitled to a further amount of `17,032/- (Rupees seventeen thousand and thirty two only) in addition to the amount already awarded by the Tribunal. M.A.C.A. No.1261 of 2006 -: 5 :- (c) We direct that the entire amount of compensation shall carry interest at the rate of 7.5% per annum from the date of the petition to the date of the payment/deposit. (d) All other directions of the Tribunal are upheld. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge