IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 MACA.No. 59 of 2006() --------------------- OPMV.1136/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT/PETITIONER: ---------------------------- BALAGOPALAN, S/O. KANARAN NAMBIAR, CHERUVANNUR AMSOM, DESOM (P.O) CHERUVANNUR, MEPPAYOOR (VIA), KOYILANDY TALUK, KOZHIKODE DIST. BY ADV. SRI.C.VALSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENTS/RESPONDENTS: ---------------------------------- 1. NOUPHAL T.K., S/O. KUNHIKOYA, P.O. ATHIYOD, KOORACHUNDU, KOZHIKODE. (D.L.NO.1446/2001 DB, R.C.OWNER-CUM-DRIVER OF MOTOR CYCLE K.L-11/M-6094). 2. THE NATIONAL INSURANCE CO. LTD., PARCO TOWERS, P.B.NO.207, P.M. TAJ ROAD, CALICUT, PIN-673 001. R2 BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & C.T. RAVIKUMAR, JJ. ----------------------------------------------- M.A.C.A No. 59 OF 2006 ----------------------------------------------- Dated this the 11th day of March, 2009 JUDGMENT BASANT, J Claimant before the Tribunal is the appellant before us. He had claimed compensation for personal injuries suffered in an accident which took place on 31.07.01. He had suffered undisplaced fracture of the Ilium near sacrum. He was treated initially as an outpatient. He was advised not to move at all. From 31.07.01 till 24.9.01 he is shown to have continued treatment as an outpatient at Medical College hospital. The appellant/claimant has a contention that during this period, he was undergoing treatment as an inpatient at Relief Clinic and Nursing Home, Meppayyur during 31.07.01 to 24.9.01. He has not suffered any permanent disability. Before the Tribunal no oral evidence was adduced. Exts.A1 to A12 were marked. 2. The appellant is employed as a cashier in the District Co-operative bank, Kozhikode and at the time of the accident he was earning an amount of Rs.9,000/- as salary. The Tribunal on an anxious consideration of all the inputs came to the conclusion that the appellant is entitled for an amount of Rs.19,250/- as MACA:59/06 -:2:- compensation along with interest at the rate of 6% per annum. The details of the amounts awarded are given below: 1. Loss of earning (1 x 9,000) :Rs. 9,000/- 2. Pain and suffering :Rs. 6,000/- 3. Transport to hospital :Rs. 2,000/- 4. Medical expenses :Rs. 2,000/- 5. Damage to clothing etc :Rs. 250/- ----------------- Total :Rs.19,250/- ========== 3. The appellant claims to be aggrieved by the impugned award. Learned counsel for the appellant assails the impugned award on various grounds. He, first of all, contends that the amount awarded under the head, pain and suffering – Rs.6,000/- is too meager and inadequate. He wants this court to take note of the nature of the injury sustained – undisplaced fracture of the Ilium near sacrum. Counsel wants this Court to peruse the out- patient ticket issued from the Medical College hospital which reveals that he was asked to take complete bed rest and not to move at all. According to the appellant, he was admitted as inpatient at Relief Clinic and Nursing Home, Meppayyur, near his residence. While undergoing treatment there, he had gone to the MACA:59/06 -:3:- Medical College hospital for review. Counsel contends that the mere fact that during the period of inpatient treatment at Relief Clinic and Nursing Home, Meppayyur, the appellant had gone to Medical College hospital for treatment should not have been reckoned by the Tribunal as a valid reason to throw overboard the case of the appellant that he had undergone treatment as inpatient at Relief Clinic and Nursing Home, Meppayyur. The Tribunal doubted the theory of such treatment and consequently did not admit the claim for Rs.14,000/- as medical expenses. Only an amount of Rs.2,000/- had been awarded under that head. 4. Even if the case of admission to Relief Clinic and Nursing Home, Meppayyur were discarded in toto, we are persuaded to accept the argument by the learned counsel for the appellant that the appellant had suffered fracture and considering the nature of treatment and period of treatment, the amount awarded as compensation for pain and suffering is inadequate. We are satisfied that an amount of Rs.4,000/- more, i.e. Rs.10,000/- in all, can safely be fixed as quantum of compensation payable for pain and suffering. MACA:59/06 -:4:- 5. learned counsel for the appellant contends that only an amount of Rs.2,000/- has been awarded for medical expenses. This is not reasonable. A perusal of the out-patient ticket issued from the hospital must have convinced the court that the appellant was obliged to continue treatment for a long time after his accident. Only an amount of Rs.4,000/-(Rs.2,000/- for treatment and Rs.2,000/- for medical expenses) has been awarded. We are satisfied that a total amount of Rs.10,000/- as compensation for medical and miscellaneous expenses including transportation expenses would be eminently reasonable. The appellant will consequently be entitled for a further amount of Rs.6,000/-(10,000 minus 2,000+ 2,000) 6. learned counsel for the appellant submits that interest has been awarded only at the rate of 6% per annum. This is inadequate. It is contended that the interest must have been awarded at least at the rate of 7.5% per annum. We agree with the learned counsel for the appellant. 7. The above discussions lead us to the conclusion that the appellant is entitled for the following further amounts as MACA:59/06 -:5:- compensation in addition to the amounts already awarded by the Tribunal. 1. Pain and suffering(10,000 minus 6000) :Rs. 4,000/- 2. Medical and miscellaneous expenses including transportation (10,000 minus 4,000) :Rs. 6,000/- ---------------- Total :Rs.10,000/- ========== 8. We direct that the entire amount of compensation shall carry interest at the rate of 7.5% per annum from the date of the petition till payment. 9. This appeal is in these circumstances allowed in part to the above extent. R. BASANT, JUDGE C.T. RAVIKUMAR, JUDGE ttb MACA:59/06 -:6:- MACA:59/06 -:7:-