IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 MACA.No. 374 of 2006() ---------------------- OPMV.1519/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- ANTONY JOSEPH @ SOJAN, S/O. JOSEPH, KAINIKKARA HOUSE, PULLAMKUNNU BHAGOM, NADAPPALLY KARA, MADAPPALLY VILLAGE. BY ADV. SRI.K.A.HASHIM RESPONDENT(S): --------------- 1. TOMICHAN, S/O. THOMAS, KUNNEL HOUSE, UZHATHIPPADI BHAGOM, PAYIPPAUKARA, PAYIPPADU VILLAGE. 2. GEORGE JOSEPH, S/O. K.V. JOSEPH, KADAMATHOTTU HOUSE, NALUKODI P.O., CHANGANACHERRY. 3. THE ORIENTAL INSURANCE COMPANY LTD., CHANGANACHERRY. ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & N.K. BALAKRISHNAN, JJ. ------------------------------------------------- M.A.C.A. No.374 of 2006-B ------------------------------------------------- Dated this the 14th day of July, 2011 JUDGMENT Basant,J. The claimant is the appellant. He claimed compensation for personal injuries suffered by him in a motorcycle accident which took place on 14/4/2002. Against a claim of Rs.2,50,000/-, the Tribunal awarded a total amount of Rs.1,10,250/- as compensation along with interest at the rate of 6% per annum. The challenge is against the quantum of compensation awarded only. The appellant/claimant, a two wheeler motor mechanic, was earning a monthly income of Rs.3,000/- at the relevant time. He had suffered: 1. Type I compound comminuted fracture both bones right leg. 2. Fracture clavicle left. 3. Fracture acetabulam left. 4. Fracture temporal bone left. 2. He was an inpatient for 10 days. The Asso. Professor of Orthopedics at the Medical College Hospital, Kottayam, examined him for physical disability and opined in Ext.A10 disability certificate that the permanent partial functional M.A.C.A. No.374 of 2006 -: 2 :- disability is 20% considering the body as a whole. We extract below the relevant portion in the disability certificate: “At present he complains of limping deformity of right leg, stiffness of right ankle and left hip and occasional pain left shoulder. On examination at present he is having: 1. Partial ankylosis left hip (rotation 180o line to 25o external rotation). 2. Partial ankylosis right ankle (90o to 1250 plantar flexion) 3. X-ray taken on 17/3/2004 shows non-union fracture left clavicle. 4. X-ray taken on 17/3/2004 shows 10o outward bowing of right tibia. 5. 3 cm shortening of right leg. Because of the above problems he is having a permanent partial functional disability of 20% (Twenty only) considering body as a whole (Mc Bride disability scale).” 3. The Tribunal reckoned only 10% as the reduction in earning capacity. 4. The learned counsel for the appellant assails the impugned award on the following grounds: (i) The monthly income reckoned is not reasonable. M.A.C.A. No.374 of 2006 -: 3 :- (ii) There was no justification to reduce 20% disability certified in Ext.A10 to 10%. (iii) For loss of amenities, the amount awarded is too low. (iv) Interest awarded at the rate of 6% per annum is grossly inadequate. 5. We find force in the challenge raised. We are of the opinion that the monthly income of the appellant, a skilled two wheeler motor mechanic, could safely have been reckoned at Rs.2,500/- per mensem even in the absence of better evidence. The nature of injuries suffered and the disabilities certified in Ext.A10 thus persuade us to hold that reduction in earning capacity for the physical disability of 20% suffered can safely be reckoned at 15%. Considering the nature of disability and the age of the claimant (26 years), we are satisfied that the quantum of compensation awarded under the head of loss of amenities also deserves to be enhanced. 6. We do, in these circumstances, hold that the appellant is entitled to a further amount of Rs.50,800/- as compensation in addition to the amounts already awarded by the Tribunal: 1. Loss of earnings - Rs. 3,000/- (Rs.2,500/- x 6 minus Rs.12,000/-) 2. Reduction in earning capacity - Rs.37,800/- (Rs.2,500/- x 12 x 15/100 x 18 minus Rs.43,200/-) M.A.C.A. No.374 of 2006 -: 4 :- 3. Compensation for loss of amenities- Rs.10,000/- (Rs.25,000/- minus Rs.15,000/-) ---------------- Total Rs.50,800/- ======= 7. We are further satisfied that interest is liable to be awarded at the rate of 7.5% per annum on the entire amount of compensation from the date of petition to the date of payment/ deposit. 8. In the result: (a) This appeal is allowed in part. (b) The appellant is entitled to a further amount of Rs.50,800/- (Rupees fifty thousand and eight hundred only) in addition to the amounts already awarded by the Tribunal. (c) The appellant is further found entitled to interest on the entire amount of compensation at the rate of 7.5% per annum from the date of the petition to the date of payment/deposit. (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