IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 MACA.No. 2802 of 2008() ----------------------- OPMV.2903/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): -------------- MEREENA, W/O.RAPPAI,MUTTAH HOUSE PULLAZHI PO., OLARIKKARA, THRISSUR. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): --------------- 1. JOJO DAVIS, S/O.KANJIRATHINGAL DEVASSY PULLAZHI PO., OLARI, KADAVARAM DESOM, THRISSUR. 2. M/S.ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE, 3RD FLOOR, MAHESWARI BUILDING, M.G.ROAD, THRISSUR. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & P.R.RAMACHANDRA MENON, JJ. ********************** M.A.C.A.No.2802 of 2008 ---------------------------------------- Dated this the 6th day of February 2009 J U D G M E N T R.BASANT,J Heard both sides. The appellant is the claimant who has been awarded a total amount of Rs.2,03,300/- against the claim of Rs.3,50,000/- for loss suffered in an accident. Multiple fracture was suffered. The appellant was in the hospital for a long period of about 100 days. Expenses for treatment admitted by the tribunal is Rs.1,14,700/-. Disability has been suffered. The disability certificate shows that the disability is 18%. Tribunal accepted the same to be 15% only. 2. The appellant is dissatisfied with the amounts awarded. The learned counsel contends firstly that the amount awarded under the head of loss of earnings is too inadequate. The appellant was in the hospital for a period of about 100 days; but loss of earnings have been awarded only for one month. This is inadequate and unsatisfactory, submits the learned counsel. We agree. In the circumstances, we accept that the appellant must have been unable to pursue her avocation for a period of M.A.C.A.No.2802/2008 2 six months. A further amount of Rs.7,500/- is thus liable to be awarded under the head of loss of earnings. The learned counsel, with the help of Ext.A9 certificate contends that future treatment is also essential. The tribunal has awarded only the actual treatment expenses of Rs.1,14,700/-. Considering the nature of injuries, period of treatment and the indications about the requirement of future treatment, we come to the conclusion that award of a further amount of Rs.5000/- under the head of future expenditure will be justified. 3. The learned counsel then contends that the amount of Rs.15,000/- awarded under the head of loss of amenities is too inadequate. The appellant has been compelled to remain in the hospital for more than 100 days. She has to continue treatment also for a long period of time. Even on the date when Ext.A9 was issued, the treatment had to continue, it is submitted. Taking all the circumstances into account, we are satisfied that a further amount of Rs.5000/- i.e. total amount of Rs.20,000/- can be awarded under the head of loss of amenities. 4. The learned counsel contends that though the disability certificate shows that 18% disability was suffered, only M.A.C.A.No.2802/2008 3 15% has been reckoned as the permanent disability by the Tribunal. In the circumstances of the case, we are not persuaded to interfere with that finding of the Tribunal. We are satisfied that the amount awarded under all other heads do not warrant interference. 5. This appeal is in these circumstances allowed. A further amount of Rs.17,500/- is awarded. (R.BASANT, JUDGE) (P.R.RAMACHANDRA MENON, J) jsr M.A.C.A.No.2802/2008 4 M.A.C.A.No.2802/2008 5 R.BASANT & P.R.RAMACHANDRA MENON, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009