IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 MACA.No. 2099 of 2005 --------------------------- OPMV.612/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER --------------------------- MOHAMMED BASHEER.N.P, AGED 37 YEARS, S/O.IBRAHIM KUTTY HAJI, NELLAYA PEEDIKAKKAL HOUSE, P.O.THAZHEKODE, PERINTHALMANNA VIA., MALAPPURAM DIST. BY ADV. SRI.DEVIDAS.U.K RESPONDENTS: RESPONDENTS ----------------------------------- 1. IBRAHIM.M, S/O.HAMZA.M, MUTHUKUTTY HOUSE, ARAKKUPARAMBA.P.O, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT (DRIVER) 2. MOHAMMED KUTTY.M, S/O.KUNHALI.M, MUTHUKUTTY HOUSE, THAZHEKODE (WEST) P.O, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT (OWNER). 3. THE UNITED INDIA INSURANCE CO. LTD., P.B.NO.8, IST FLOOR, PONNANI.P.O, MALAPPURAM DISTRICT. 4. K.A.MUHAMMED SHUKKUR, S/O.ALIKUTTY, KONJIRIPARAMBIL HOUSE, KADAVALLOOR.P.O, THRISSUR DISTRICT (SUPPLIMENTARY 4TH RESPONDENT). BY ADV. SRI.J.MATHAPPAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAMEDAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. ------------------------------------------------------------ M.A.C.A.NO: 2099 OF 2005 ----------------------------------------------------------- Dated this the 27th August, 2008. JUDGMENT Koshy, J. Appellant sustained injuries in a motor accident on 21.3.1998. The Tribunal awarded compensation of Rs.55,577/- against a claim of Rs.1,70,000/-. Claimant was employed in Government service. Permanent disability was assessed at 3% and the Tribunal awarded Rs.11,428/- for permanent disability and loss of earning power. Since the appellant did not suffer actual loss of earning power as he continued in service and his salary was not affected, we are of the view that the amount granted for loss of earning power needs no enhancement. Leave wages were granted. Medical expenses were reimbursed. It is contended that no amount was awarded for pain and suffering. For extra nourishment and bystanders expenses Rs.900/- was awarded, even though he was an inpatient for 31 days. The injuries suffered by him are as follows:- “1) Deformity and tenderness of right wrist. 2) Tenderness and deformity of (L) knee. 3) Abrassion: 1) Hypothesis area; II (Right) (L) knee; III (L) foot of (Right) Elbow X'Y (L) knee CM La X's (Right) wrist CM La.” 2. Considering the injuries suffered, the Tribunal should have awarded compensation for pain and suffering which we fix at Rs.7000/- and award the same. Since the appellant was in the hospital for 31 M.A.C.A. 2099/05 2 days, for extra nourishment and bystanders expenses the Tribunal should have awarded Rs.2,000/- as against the award for Rs.900/-. So, the appellant will be entitled to get Rs.1,100/- more than what is awarded by the Tribunal on that count. Thus, the additional amount payable will be Rs.8,100/-. 3. The above additional sum of Rs.8,100/- (Rupees eight thousand one hundred only) should be deposited by the third respondent- insurance company with 7.5% interest from the date of application till its deposit over and above the amount decreed by the Tribunal. On deposit of the amount the appellant is allowed to withdraw the same. Appeal is disposed of as above. J.B.KOSHY Judge THOMAS P. JOSEPH Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: