IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 MACA.No. 185 of 2011() ---------------------- OPMV.719/2008 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): PETITIONER: ------------------------- REETHAMMA @ KUNJUMOL, W/O.CHACKO, PULTHAKIDIYEL HOUSE, PALLIPPADI BHAGOM, PARATHODU KARA, EDAKKUNNAM VILLAGE. BY ADV. SRI.ROY CHACKO RESPONDENT(S): --------------- 1. SASI, S/O.NARAYANAN, PAZHOOR HOUSE, MURICKUMVAYAL KARA, MURICKUMVAYAL BHAGOM, ERUMELY NORTH VILLAGE, ERUMELY P.O.-686 509. 2. THE SECRETARY, P.L.SASI, KUTTAMPUZHA SCHEDULED TRIBE CO-OPERATIVE SOCIETY LTD.,I-137, KUTTAMPUZHA P.O.-686 681. 3. THE ORIENTAL INSURANCE CO.LTD., REP.BY ITS DIVISIONAL MANAGER, KOTTAYAM-686 002. ADV. SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & N.K. BALAKRISHNAN, JJ. ------------------------------------------------- M.A.C.A. No. 185 of 2011-D ------------------------------------------------- Dated this the 25th day of July, 2011 JUDGMENT Basant,J. The claimant is the appellant. The Tribunal, against a total claim limited to `.50,000/-, awarded an amount of `.19,650/- as per the details given below: Schedule Part-I Rs. Loss of earnings 1,500/- Transportation to Hospital 1,000/- Extra-nourishment 1,500/- Damage to clothing and articles 500/- Medical expenses 250/- Bystander's expenses 900/- Part-II Pain and suffering 6,000/- Loss of amenities and enjoyments 8,000/- Total 19,650/- 2. The appellant claims to be a coolie, aged 45 years. She had sustained cervical spine tenderness, lacerated wound on the left forehead 10 x 2 cm. and another lacerated wound over the left M.A.C.A. No. 185 of 2011 -: 2 :- eye brow 2 x 1 cm. She remained in the hospital from 31/3/2008 to 8/4/2008. One tooth was extracted and for the other root canal treatment was given. She suffered multiple soft tissue injury. There was no evidence of head injury. She had gone to the O.P. again on 5/5/2008 and 16/8/2008. She had sustained Grade-I mobility on one tooth which had to be extracted. 3. Called upon to be specific in the challenge, the learned counsel for the appellant submits that, at any rate, the amount of `.1,500/- awarded under the head of loss of earnings is painfully and perversely low. The learned counsel then submits that considering the period of hospitalisation and nature of treatment etc., the amount of `.6,000/- awarded under the head of pain and suffering is also inadequate. Considering the loss of teeth etc., suffered by the injured/appellant, the amount of `.8,000/- under the head of loss of amenities and enjoyment is also insufficient, contends the counsel. 4. We find merit in the challenge raised. Considering the nature of injuries, period of hospitalization and the nature of employment, the appellant, who is a manual worker, we are satisfied that loss of earnings for two months could certainly have M.A.C.A. No. 185 of 2011 -: 3 :- been conceded. 5. Considering the nature of injuries etc., we are satisfied that an amount of `.8,000/- can be awarded under the head of loss of pain and suffering. Considering the loss of three teeth for the appellant, a woman aged about 45 years, we are satisfied that an amount of `.12,500/- can be awarded under the head of loss of amenities. 6. The above discussions lead us to the conclusion that the appellant is entitled to a further amount of `.11,000/- (Rupees eleven thousand only) as per the details shown below: 1. Loss of earnings (`.3,000/- x 2 minus `.1,500/-) - `. 4,500/- 2. Pain and sufferings (`8,000/- minus `.6,000/- - `. 2,000/- 3. Loss of amenities (`.12,500/- minus `.8,000/-) - `. 4,500/- ------------- Total - `.11,000/- ====== 7. In the result: (a) This appeal is allowed in part. (b) In addition to the amount awarded by the Tribunal, the M.A.C.A. No. 185 of 2011 -: 4 :- appellant is found entitled to a further amount of `.11,000/- (Rupees eleven thousand only) as per the details shown above. (c) The entire amount shall carry interest at the rate fixed by the Tribunal. (d) All other directions of the Tribunal are upheld. Sd/- R. BASANT (Judge) Sd/- N.K. BALAKRISHNAN (Judge) Nan/ //true copy// P.S. to Judge