IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 MACA.No. 1432 of 2006() ----------------------- OPMV.406/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT ----------------------- T.ABDUL RAZAK, S/O.MOHAMMED, 36 YEARS, THORAKATH HOUSE, NILAMBUR, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): 3RD RESPONDENT ----------------------------- UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, NILAMBUR, MALAPPURAM DISTRICT. ADV. SRI.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. * * * * * * * * * * * * * M.A.C.A.No.1432 of 2006 ---------------------------------------- Dated this the 3rd day of April 2009 J U D G M E N T BASANT,J The claimant before the Tribunal is the appellant before us. He claimed compensation for personal injuries suffered by him in an accident which occurred on 07/09/2000. He claimed to be a business man aged 34 years earning a monthly income of Rs.5,000/-. He suffered fracture of the both bones of the right leg. He was an in-patient for a period of 10 days. He had to continue treatment thereafter for some time. He claimed to have suffered disablement; but absolutely nothing is produced to show the fact of disablement or extent of disablement. Before the tribunal, no oral evidence was adduced. Exts.A1 to A3 - F.I.R, wound certificate and medical bills were produced. The tribunal on an anxious consideration of all the relevant inputs proceeded to pass the impugned award directing payment of a total amount of Rs.29,799/-. the details of which are extracted below: 1. Transport to hospital R.500/- 2. Extra nourishment and Rs.900/- bystanders expenses M.A.C.A.No.1432/06 2 Medical expenses Rs.17,399/- Pain and suffering Rs.11,000/- Total Rs.29,799/- Interest was directed to paid @ 6% per annum. 2. The appellant claims to be aggrieved by the impugned award. Called upon to explain the precise nature of the challenge which the appellant wants to mount against the impugned award, the learned counsel for the appellant assails the impugned award on various grounds. 3. First of all it is contended that interest has been awarded only @ 6% per annum. The learned counsel argues relying on precedents that interest must have been awarded at least @ 7.5% per annum. We agree with the learned counsel. 4. The learned counsel then submits that the total amount awarded under the head of transportation to hospital, extra nourishment and expenses is only Rs.1,400/-. The appellant was an in-patient for a period of ten days. No amounts have whatsoever been awarded under the head of damage to clothing etc. The amount awarded is not reasonable or realistic. The appellant is entitled for a much higher amount under this head. M.A.C.A.No.1432/06 3 We are inclined to agree. We note that only a total amount of Rs.1,400/- has been awarded in addition to actual medical expenses under the head of transportation to hospital, extra nourishment and bystander's expenses etc. We are satisfied, in the circumstances of the case that an amount of Rs.3,500/- can be awarded as total compensation under all these heads together. For pain and suffering, only an amount of Rs.11,000/- has been awarded. The learned counsel argues that both bones of the right leg have been fractured. The appellant had to endure the temporary disability even after his discharge from the hospital. The learned counsel prays that the amount awarded under the head pain and suffering is inadequate. We agree with the learned counsel for the appellant. Rs.15,000/- under the head would be just and reasonable in the circumstance of the case. 5. The learned counsel then submits that no amount has been awarded under the head loss of earnings as also loss of amenities. The accident and the injuries suffered must necessarily have resulted in involuntary unemployment for the appellant for some period of time. The tribunal did not award M.A.C.A.No.1432/06 4 any amount under this head. We agree with the learned counsel and hold that compensation is payable under the head loss of earnings. We find it reasonable to assume even in the absence of better evidence that accident and injuries suffered must have resulted in an involuntary unemployment for a period of three months. The appellant must have been earning Rs.2,500/- per mensum . 6. For loss of amenities, no amounts have been awarded. The learned counsel argues that there was physical disability and that has resulted in loss of amenities as also loss/reduction in earning capacity. Not a scintilla of material is produced to prove physical disability; but we find it easy, considering the nature of the injury suffered and the consequent treatment that there must have been loss of amenities suffered by the appellant. The nature of trauma suffered entitles him for reasonable amount of compensation under this head. Taking all the relevant circumstances and considering the fact that no amount has been awarded under the head of physical disability, we are satisfied that an amount of Rs.7,500/- can be awarded under this head. M.A.C.A.No.1432/06 5 7. The above discussion lead us to the conclusion that the appellant is entitled to the following further amounts in addition to the amounts already awarded by the tribunal. 1. Transportation to the hospital, extra nourishment, bystander's Rs.2,100/- expenses, damage to clothing and articles etc. (Rs.3,500/- minus Rs.1,400/-) 2. Pain and suffering Rs.4,000/- (Rs.15,000/- minus Rs.11,000/-) 3. Loss of earnings Rs.7,500/- (no amount awarded) (Rs.2,500/- x 3) 4. Loss of amenities Rs.7,500/- (no amount awarded) Total Rs.21,100/- 8. We further direct that the entire amount of compensation shall carry interest @ 7.5% per annum from the date of the petition to the date of payment. 9. This appeal is allowed in part to the above extent. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) jsr M.A.C.A.No.1432/06 6 M.A.C.A.No.1432/06 7 R.BASANT &C.T.RAVIKUMAR, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009