IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 MACA.No. 2209 of 2008() ----------------------- OPMV.377/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT(S): PETITIONER ------------------------ DINESHAN P.P., S/O.KUMARAN, AGED 31 YEARS, RESIDING AT PARAYULLA PARAMBATH HOUSE, MOLLOTHARA, PIN - 673 508. MARUNDONKARA AMSOM, MOLLOTHARA DESOM, VADAKARA TALUK. BY ADV. SRI.C.VALSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V SRI.BIJU J.THADIKKAL RESPONDENT(S): --------------- 1. E.K.SANTHOSH, S/O.KURIAPPAN, AGE NOT KNOWN, RESIDING AT ELAYACHATHIL HOUS, KUTTANELLUR, THRISSUR, PIN - 680 672. (OWNER OF BUS NO.KL/08 AA 5533). 2. NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, SHRIRAM SITE OFFICE, 2A, PRAKASAM ROAD I NAGAR, P.O.CHENNAI - 17 PIN - 600 017 (INSURER OF BUS NO.KL 08 AA 5533 POLICY NO.501602/31/04/6306618 VALID FROM 5.5.04 TO 4.5.05). ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2 SRI.M.A.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- M.A.C.A. No. 2209 of 2008 ------------------------------------------------- Dated this the 27th day of October, 2011 JUDGMENT Basant,J. The claimant is the appellant. He claimed compensation for personal injuries suffered by him in a motor accident which took place on 26/12/2004. He was allegedly driving a bus at the time of the accident. He suffered multiple injuries, including fracture of shaft of femur and fracture of calcanium. He was an inpatient for a period of 10 days from 26/12/2004 to 5/1/2005. He continued treatment as an outpatient till 7/7/2005. There is nothing to show that he has suffered any permanent disability as a result of the accident. He claimed a total amount of `3,00,000/- as compensation. 2. The Tribunal as per the impugned award directed payment of a total amount of `40,996/- as compensation as per the details given below: 1. Pain and suffering - `15,000/- 2. Hospital expenses (including bystander's expenses and extra- nourishment) - `2,000/- M.A.C.A. No. 2209 of 2008 -: 2 :- 3. Transportation expenses - `3,000/- 4. Mental shock and inconvenience - `8,000/- 5. Medical bills - `996/- 6. Loss of earnings (6 months x `2,000/- - `12,000/- ------------ Total - `40,996/- ====== 3. The appellant claims to be aggrieved by the impugned award. We have heard the learned counsel for the appellant and the learned counsel for the insurance company which has been made entirely liable to satisfy the impugned award. Challenge is directed against the quantum of compensation only. 4. Called upon to explain and be specific, the learned counsel for the appellant, first of all, contends that the monthly income of the claimant reckoned by the Tribunal at `2,000/- is painfully inadequate. He was the driver of a bus. Reasonable inferences ought to have been drawn by the Tribunal even in the absence of better evidence, contends counsel. The learned counsel places reliance on the decisions in Lata Wadhwa v. State of Bihar (AIR 2001 SC 3218) and Laxmi Devi v. Mohammad Tabbar (2008 ACJ 1488) to impress upon the Court that the Supreme Court had even in respect of a non- M.A.C.A. No. 2209 of 2008 -: 3 :- earning home maker as also an unskilled manual worker taken the view that `3,000/- can be reckoned as the monthly income. The appellant, in this case, is a qualified skilled driver holding the requisite authority to drive a passenger bus. In these circumstances, the quantum of monthly income reckoned by the Tribunal deserves to be enhanced, contends counsel. We agree. 5. The learned counsel for the appellant then contends that the period of involuntarily unemployment reckoned as 6 months only is unreal. The evidence clearly shows that he was undergoing treatment as an inpatient initially and an outpatient later for the period from 26/12/2004 to 7/7/2005. We are satisfied that it is easy to assume that he must have lost earnings for a period of 7 months. 6. No amount has been awarded under the head of damage to clothing and articles. We are satisfied that an amount of `1,000/- can be awarded under that head. 7. We are not persuaded to agree that the amount awarded under any other head demands or warrants appellate interference. 8. On the basis of the above discussions, we come to the conclusion that the appellant is entitled to a further amount of `17,000/- (Rupees seventeen thousand only) as compensation as M.A.C.A. No. 2209 of 2008 -: 4 :- per the details shown below in addition to the amount already awarded by the Tribunal: 1. Loss of earnings (7 x `4,000/- minus `12,000/-) - `16,000/- 2. Damage to clothing and articles - `1,000/- ------------- Total - `17,000/- ====== 9. The Tribunal has awarded interest at the rate of 6% per annum. The learned counsel for the appellant argues and we agree that interest must have been awarded at the rate of 7.5% per annum from the date of the claim to the date of payment. 10. The Tribunal has awarded only an amount of `1,250/- as costs. The learned counsel argues and we agree that proportionate costs before the Tribunal must have been awarded on the entire amount of compensation as per the dictum in Jeena v. Satheesh Babu.K. (2011 (3) KLT 943). 11. In the result: (a) This appeal is allowed in part. (b) The appellant is found entitled to a further amount of `17,000/- (Rupees seventeen thousand only) as compensation 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 of 7.5% per annum M.A.C.A. No. 2209 of 2008 -: 5 :- from the date of the claim to the date of payment/realisation. (d) We direct that proportionate costs before the Tribunal on the entire amount of compensation be paid to the appellant as held in Jeena v. Satheesh Babu.K. (2011 (3) KLT 943). (e) All other directions of the Tribunal are upheld. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge