IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 MACA.No. 1986 of 2005() ----------------------- OPMV.1149/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/ PETITIONER ---------------------------------- P.S.BIJU, S/O.P.V.SEKHARAN, AGED 36 YEARS, PUTHENPURAYIL HOUSE, NEDUNKANDAM P.O., IDUKKI DISTRICT. BY ADV. SRI.SHAIJAN C.GEORGE SRI.JOHN VIPIN RESPONDENT(S): --------------- 1. SURESH, S/O.NARAYANAN, THAKADIPURATHU HOUSE, PANIKKANKUDY, ADIMALY. 2. SHAJI CHERIAN, S/O.ROSAMMA CHERIYAN, PUTTANAL HOUSE, ADIMALY. 3. THE ORIENTAL INSURANCE CO.LTD., REPD. BY BRANCH MANAGER, KOTHAMANGALAM. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * M.A.C.A.No.1986 of 2005 ---------------------------------------- Dated this the 18th day of August 2011 J U D G M E N T R.BASANT,J Claimant is the appellant. He claimed compensation for personal injuries suffered in a motor accident which took place on 21/12/2002. Against a claim limited to Rs.3,00,000/-, the tribunal awarded an amount of Rs.52,300/- as per the details given below: a) Loss of earning Rs.5,868/- b) Transport to and fro hospital Rs.1,000/- c) Damage to clothing & articles Rs.250/- d) Expense incurred for Rs.30,178/- treatment e) Expense incurred for NIL future treatment f) Expense incurred for Rs.500/- bystander (5 days) g) compensation for pain and Rs.14,000/- sufferings h) Compensation for continuing NIL permanent disability M.A.C.A.No.1986 of 2005 2 i) Compensation for loss of Nil future prospect j) Extra nourishment Rs.500/- ------------------- Total Rs.52,300/- ======== 2. We have heard the learned counsel for the appellant and the learned counsel for the insurance company. The learned counsel for the appellant assails the quantum of compensation granted under the impugned award on various grounds: 3. First of all, it is contended that the amount of Rs.5,868/- awarded under the head of loss of earnings is inadequate and unjustified. Salary certificate produced clearly shows that the total monthly salary of the claimant was Rs.5,485/-. The tribunal accepted that the appellant/claimant, a Clerk in the Animal Husbandry department must have been involuntarily unemployed for a period of two months. But the tribunal awarded only an amount of Rs.5,868/- (2 x 2,934/-) to arrive at this figure. The tribunal noted that though the total salary was Rs.5,485/- there was a deduction of Rs.2,551/- and hence compensation was calculated reckoning the monthly income as Rs.2,934/- (Rs.5,485/- minus Rs.2,551/-). The learned M.A.C.A.No.1986 of 2005 3 counsel argues and we agree that the approach made by the tribunal is incorrect. For loss of earnings/loss of leave for a period of two months, the appellant is entitled to compensation for the whole salary for the said period of two months. We, therefore, hold that the appellant is entitled to an amount of Rs.10,970/- (Rs.5,485/- x 2) as compensation for loss of earnings. 4. The only other ground of challenge is that the tribunal did not award any amount for loss of eight teeth. The learned counsel, with the help of Exts.A8, A10 and A12 advances the argument that there was actually lost 8 teeth 21 12 1 123 5. The wound certificate only shows that there was avulsion of these eight teeth. But Ext.A10 clearly shows that root stumps of those eight teeth were extracted on 14/10/2002. Partial denture was placed initially. Bridge was fixed on 15/4/2003. This loss of eight teeth, even though it cannot be said to have resulted in any reduction in earning capacity, is certainly a disability for which the appellant is entitled to be compensated. He is shown to be aged 36 years at the time of the accident. We M.A.C.A.No.1986 of 2005 4 are satisfied that the appellant is entitled to be compensated for loss of amenities resulting from loss of 8 teeth as also cosmetic disfiguration resulting from the loss of those eight teeth, all in the front of the upper and lower jaws. Taking all the relevant circumstances into account, we are satisfied that an amount of Rs.24,000/- can be awarded as compensation under that head. 6. We are not persuaded to agree that the amount awarded under any other head deserves or warrants interference. He was an in-patient only for a period of five days. 7. The above discussions lead us to the conclusion that the appellant is entitled for a further amount of Rs.29,102/- as compensation in addition to the amount awarded by the tribunal. 1. Loss of earnings Rs.5,102/- [Rs.10,970/- (Rs.5,485/- x 2) minus Rs.5,868/-] 2. Loss of amenities including Rs.24,000/- cosmetic disfiguration ------------------ Total Rs.29,102/- ======= 8. The learned counsel for the appellant argues that interest has been awarded only at the rate of 6% per annum and the same deserves to be enhanced. We agree. We direct that M.A.C.A.No.1986 of 2005 5 interest to be paid at the rate of 7.5% per annum for the entire amount of compensation from the date of the petition to the date of payment/deposit/realisation. 9. In the result, a) This appeal is allowed in part. b) Appellant is found entitled to a further amount of Rs.29,102/- (Rupees twenty nine thousand one hundred and two only) in addition to the amount already awarded by the Tribunal. c) We direct that interest shall be payable on the entire amount of compensation from the date of the petition to the date of deposit/realisation at the rate of 7.5% per annum. d) All other directions of the Tribunal are upheld. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr M.A.C.A.No.1986 of 2005 6 M.A.C.A.No.1986 of 2005 7 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010