IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 MACA.No. 577 of 2005() ---------------------- OP(MV) No.974/1996 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD. APPELLANT(S): PETITIONER ---------------------------------- SUKUMARAN, S/O. KASU, RESIDING AT VELAKKATHARA KOLAMBU HOUSE, ARAMPADAM, THATHAMANGALAM P.O., CHITTUR TALUK, PALAKKAD. BY ADV. SRI.T.C.SURESH MENON RESPONDENT(S): RESPONDENTS -------------------------- 1. SAMBATH S/O. P.K.SIVARAMAN, RESIDING AT PUTHANKULAM, EANTHAKKAD, PERUVEMBA, PALAKKAD. 2. V.P.BALACHANDRAN, S/O. V.P.PAZHANIMALA, RESIDING AT VALIYA VEEDU, THOTTUPALAM, ERIMAYUR, PALAKKAD. 3. UNITED INDIA INSURANCE COMPANY LIMITED, PALAKKAD. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 577 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 23rd day of December, 2011 JUDGMENT Ramkumar, J. This is an appeal by the injured-claimant in O.P.(MV) No.974/1996 on the file of the Motor Accidents Claims Tribunal, Palakkad. 2. The appellant was a passenger in a stage carriage bus and he sustained injuries on account of the rash and negligent driving of the bus. The date of the accident was on 19-12-1995 and the time was at 8 a.m. He preferred the above O.P.(MV) claiming a total compensation of Rs.2,13,500/-. The Tribunal awarded Rs.44,500/-. Dissatisfied with the said award, the appellant has come up in appeal. 3. The appellant claimed a monthly income of Rs.2,500/-, but the Tribunal took only a sum of Rs.1,500/- as the monthly income. As per Ext.A10 disability certificate, the doctor had found a disability of 10% for the appellant. MACA 577/2005 2 He had suffered the following injuries in the accident:- 1) Lacerated wound on the left side of upper lip. 2) Lacerated wound on the left side of left cheek. 3) Lacerated wound 1cm. outer left eye underlying bone fractured. 4) Abrasion 3 x 2 cm. on left side of chin. 5) Lacerated wound 6 x 0.3 cm over the left collar bone. 6) Abrasion 12 x 10 cm. on the left side of chest. 7) Fracture of 2nd, 3rd and 4th ribs (left side) 8) Abrasion 4 x 3 cm. 6cm below injury No.3. 9) Fracture of lateral wall of left orbit. 10) Diffused cerebral oedema. Notwithstanding that in Ext.A10 disability certificate the doctor assessed the appellant's disability at 10%, the Tribunal took only 5%. On the premise that the monthly income of the appellant was Rs.1,500/-, the Tribunal granted towards partial loss of earnings for five months MACA 577/2005 3 totalling to Rs.7,500/-. A sum of Rs.2,000/- was awarded towards transport to hospital. The Tribunal awarded Rs.1,500/- towards extra-nourishment, Rs.200/- towards damage to clothing, Rs.7,500/- towards medical expenses, Rs.1,200/- towards bystander's expenses and Rs.9,500/- towards compensation for pain and suffering. Reckoning his monthly income as Rs.1,500/-, adopting 17 as the multiplier and disability at 5%, the Tribunal arrived at a sum of Rs.15,300/- towards permanent disability compensation. The total compensation thus awarded was Rs.44,700/-. Dissatisfied with the said award that the appellant has preferred this appeal. 4. We heard the learned counsel for the appellant as well as the learned counsel for the 3rd respondent Insurance Company which has admitted its liability. 5. The appellant was a coolie labourer and there was no warrant for not accepting the monthly income of Rs.2,500/- as claimed by him. We accordingly accept his monthly income as Rs.2,500/-. Similarly, there is no MACA 577/2005 4 justification for reducing the percentage of disability from 10% to 5%. We accept Ext.A10 disability certificate and assess the disability of the appellant at 10%. Reckoning his monthly income of Rs.2,500/-, the loss of earnings of the appellant for five months comes to Rs.12,500/- and after deducting Rs.7,500/- awarded by the Tribunal, the compensation due to the appellant by way of loss of earnings will be at Rs.5,000/-. The Tribunal awarded Rs.9,500/- towards pain and suffering, which is on the lower side. Having regard to the nature of the injuries sustained by the appellant and the period of hospitalization, we fix a sum of Rs.15,000/- towards that head. 6. No amount has been awarded by the Tribunal towards loss of amenities and enjoyment in life. The appellant is entitled to a sum of Rs.10,000/- on that score. Reckoning his monthly income as Rs.2,500/- and adopting 17 as the multiplier and disability at 10%, the disability compensation payable to the appellant will be at Rs.51,000/- and deducting Rs.15,300/- awarded by the Tribunal, the MACA 577/2005 5 enhancement of disability compensation comes to Rs.35,700/-. 7. Thus, the total enhancement due to the appellant will be Rs.56,200/-. The said amount shall bear interest @ 7.5% per annum from the date of O.P.(MV) till realization. The 3rd respondent Insurance Company shall deposit the said amount within two months from today. In the result, this appeal is allowed in part with proportionate costs. V.RAMKUMAR, JUDGE P.Q.BARKATH ALI, JUDGE mn.