IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 MACA.No. 606 of 2003() ---------------------- OP(MV) NO.1070/96 OF THE MACT, ERNAKULAM. APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- MOHAMMADALI, S/O.ABOOBACKER, THARAMALI HOUSE, ELOORT EAST. BY ADV. SRI.R.DIVAKARAN RESPONDENT(S): RESPONDENT. -------------------------- 1. M.V.MARTIN, ANTHIKKAD HOUSE, ELOOR SOUTH, UDYOGAMANDAL, PIN - 683 501. 2. SHANAVAS, S/O.RAMAKRISHNAN, KALIYAMPARAMBU HOUSE, AYYAPPANKAVU, PACHALAM, ERNAKULAM. 3. UNITED INDIA INSURANCE COMPANY LTD., JOSE JUNCTION, ERNAKULAM. 4. MOHAMMED, KANAVARA HOUSE, ELOOR NORTH, UDYOGAMANDAL. 5. ALI P.K. S/O.KHADER, PALLIPARAMBIL HOUSE, ELOOR NORTH. 6. NEW INDIA ASSURANCE CO., LTD, M.G.ROAD, KOCHI - 11. ADV. SRI.M.RAJAGOPALAN FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & C.T. RAVIKUMAR, JJ. ------------------------------------------------- M.A.C.A. No. 606 of 2003 ------------------------------------------------- Dated this the 4th day of March, 2009 JUDGMENT Basant,J. The claimant before the Tribunal is the appellant before us. He claims to have suffered injuries in a motor accident that occurred on 23/1/96. He claimed an amount of Rs.5 lakhs as compensation. According to him, he is employed as tailor and earns an income of Rs.2,000/- per mensem. He suffered injury to the head. Comminuted depressed fracture involving left temporal bone was detected. There was acute extra-dural haeatoma in the left tempero parietal region. There was cerebral oedema bilateral. Craniectomy under anaesthesia had to be done. He was an inpatient for 20 days. According to him, he had suffered permanent disability. 2. Before the Tribunal, there was the oral evidence of M.A.C.A. No. 606 of 2003 -: 2 :- the claimant as P.W.1. Exts.A1 to A9 series were marked. The Tribunal, on an anxious consideration of all the relevant inputs, proceeded to pass the impugned award directing payment of an amount of Rs.74,811/- (rounded to Rs.75,000/-) as compensation along with interest at the rate of 9% per annum from the date of the application. 3. The appellant claims to be aggrieved by the impugned award. What is the grievance? The learned counsel for the appellant contends, first of all, that no compensation was awarded for the disability suffered. This Court had earlier directed that the appellant be examined by a Medical Board. A report of the Medical Board has been obtained. It is seen that 9% disability has resulted. The appellant before the Tribunal had claimed that he had suffered 10% disability; but the certificate issued by the Neuro Surgeon produced as Ext.A8 was not accepted by the Tribunal. The report of the Medical Board received by this Court is now marked as Ext.C1. That confirms the permanent disability of 9%. We are satisfied, considering the nature of employment of the appellant and the nature of disability suffered, that the same percentage can be accepted as the reduction in earning capacity. The appellant is shown to be aged 28 years and as per the 2nd Schedule, multiplier applicable M.A.C.A. No. 606 of 2003 -: 3 :- is 18. Consequently, it is found that the appellant is entitled for an amount of Rs.29,160/- more (Rs.1,500/- x 12 x 18 x 9/100) as compensation under the head of reduction in earning capacity. We are further satisfied that an amount of Rs,15,000/- can be awarded as compensation for loss of amenities. In coming to this conclusion, we take note of the nature of physical disability suffered and that the claimant aged about 28 years on the date of accident will have to endure such disability for the rest of his life which would certainly impair the quality of enjoyment of life that he can aspire to lead. An amount of Rs.5,000/- has already been awarded under the head of inconvenience and difficulties. After adjustment of that amount, the appellant shall be entitled to a further amount of Rs.10,000/-. 4. The above discussions lead us to the conclusion that the appellant is entitled for a further amount of Rs.39,160/- in addition to the amount already awarded as per the details shown below: 1. Compensation for reduction of earning capacity - Rs.29,160/- (Rs.1,500/- x 12 x 18 x 9/100) 2. Compensation for loss of amenities - Rs.10,000/- more (Rs.15,000/- minus Rs.5,000/-) ----------------- Total - Rs.39,160/- ======= M.A.C.A. No. 606 of 2003 -: 4 :- Needless to say, interest shall be payable on the entire amount of compensation at the rate directed by the Tribunal from the date of the petition. 5. This appeal is, in these circumstances, allowed in part to the above extent. R. BASANT (Judge) C.T. RAVIKUMAR (Judge) Nan/ M.A.C.A. No. 606 of 2003 -: 5 :- R. BASANT & C.T. RAVIKUMAR, JJ. ------------------------------------------------- M.A.C.A. No. 606 of 2003 ------------------------------------------------- Dated this the 4th day of March, 2009 JUDGMENT