IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 MACA.No. 96 of 2004(C) ---------------------- OPMV.1389/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): APPELLANT ----------------------- * E.R.MUKUNDAN NAIR, S/O. LATE RAMAKRISHNAN ELAYATH, ELAYIDOM VELI HOUSE, EZHUPUNNA P.O., ALAPPUZHA. * APPELLANT DIED. LRS IMPLEADED ADDLA2 C.K. JANAKI, W/O. LATE E.R.MUKUNDAN NAIR, ELAYIDAM VELI HOUSE, EZHUPUNNA P.O., CHIRTHALA, ALAPPUZHA DISTRICT. ADDL.A3. ARUN M, AGED 17 YEARS, S/O. LATE E.K. MUKUNDAN, DO DO DO ADDL.A2 AND A3 ARE IMPLEADED AS THE LRS OF DECEASED SOLE APPELLANT AS PER ORDER DTD 14.1.2009 IN IA.NO.3418/2008 BY ADV. SRI.N.RAGHURAJ(B/O) BY ADV. AMMINIKUTTY RESPONDENT(S): RESPONDENT ------------------------- 1. THE CHAIRMAN & MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRIVANDRUM 2. PURUSHAN S/O. KRISHNAPPAN, THAIVELI VEEDU, WARD NO.1, MARARIKKULAM SOUTH PANCHAYATH, KALVOOR VILLAGE, ALAPPUZHA. BY ADV.SRI. V.V. NANDAGOPAL NAMBIAR-SC FOR KSRTC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.96 OF 2004 ............................................. Dated this the 30th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Alappuzha in OP(MV)No.1389/1998. The claimant, while riding on a scooter, sustained injuries in a road accident on account of a collision between the scooter and a KSRTC bus. The Tribunal awarded him a compensation of Rs.12,000/= with 9% interest from the date of the petition till realisation. It is against that decision, the claimant has come up in appeal 2. Heard the learned counsel for the additional appellants as well as the respondents. The learned counsel for the additional appellants very strongly contends before me that the Tribunal has erred in taking into consideration fracture of the teeth, which is evidenced by Ext.A7 and also has failed in awarding compensation regarding disability on the basis of Ext.A15. The learned counsel in fairness had made available before me for perusal the documents relied on by him. The claimant was in the hospital from 23.8.1988 : 2 : M.A.C.A.No.96 OF 2004 till 1.9.1988. The wound certificate itself would reveal that he has sustained laceration on the eye brow, chin, left thigh and hands. Ext.A7 certificate would reveal that there had been multiple injuries on the face and legs. His two teeth were broken and he was already a diabetic patient. The certificate also would reveal that he was advised to take rest for two more weeks from the date of discharge that is from 31.8.1998. Thereafter he had gone to Chathuruthy Dental Clinic for correcting his fractured teeth. It is seen that he had expended Rs.2,250/= for correction of the teeth. The Tribunal has not appreciated this point correctly but awarded a global compensation of Rs.12,000/=. It is not proper. Therefore I proceed to fix the compensation as follows: 3. His salary was Rs.6,500/= per month. He was on leave for 25 days. So, his daily salary would come to Rs.215/=. When he has taken 25 days leave, it would come to Rs.5375/=. It is the settled proposition that when a person is forced to take leave on account of the injuries sustained, he may be at a later point of time forced to enter : 3 : M.A.C.A.No.96 OF 2004 on leave of loss of pay and therefore normally compensation is awarded for that amount. Therefore, I fix the loss of earnings as Rs.5,375/=. The medical bills for Rs.3,561/= are allowed. He was in the hospital for 8 days. I allow Rs.800/= towards bystanders expenses. On account of the fracture of the teeth, I allow Rs.500/= for extra nutritious food and Rs.500/= towards transport expenses. I award a sum of Rs.5,000/= towards pain and sufferings and Rs.2,250/= is awarded towards expenses incurred for repairing the teeth. Certainly it would have resulted in temporary loss of amenities and enjoyment in life for which I award Rs.3,000/= thereby the claimant will be entitled to get a total compensation of Rs.20,986/= which I round as Rs.21,000/= or in other wards, the claimant will be entitled to an additional compensation of Rs.9,000/=. I am also prepared to given an incentive to the KSRTC that if they are prepared to pay the amount within 90 days, the rate of interest will be reduced by 1%. But if the amount is not paid within the time stipulated in the award, then they may have to pay interest at the rate of 9% as ordered by the Tribunal. : 4 : M.A.C.A.No.96 OF 2004 4. Therefore, the MACA is partly allowed and the claimant is awarded a total compensation of Rs.21,000/= with 9% interest from the date of the petition till realisation and the KSRTC is directed to deposit the said amount within a period of 90 days from the date of receipt of a copy of this judgment. I make it clear that if the amount is not paid within the stipulated time of 90 days, then the claimant will be entitled to get interest at the rate of 9% from the date of the petition as ordered by the Tribunal. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 5 : M.A.C.A.No.96 OF 2004