IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 MACA.No. 457 of 2005() --------------------------------- OPMV.833/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): ------------------------ ANTONY, S/O.VARKEY, KANDATHILPARAMBU VEEDU, EZHUPUNNA P.O. CHERTHALA. BY ADV. SRI.T.B.SARASAN RESPONDENT(S): ------------------------- 1. SATHEESAN, S/O.PANKAJAKSHAPANICKER, SREYAS, THURAVOOR P.O. CHERTHALA. 2. THE ORIENTAL INSURANCE CO.LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, P.B.NO.49, PATTAMANA BUILDING, RAILWAY STATION ROAD, ALUVA. R2 BY ADV. SRI.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss R. BASANT & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- M.A.C.A.No.457 of 2005 ---------------------------------------------------- Dated this the 4th day of July, 2011 Judgment Basant, J. Claimant is the appellant. Claimant is aggrieved by the allegedly inadequate quantum of compensation fixed by the Tribunal. The accident took place on 28.11.1999. 2. The claimant was an inpatient for 11 days - from 28.11.1999 to 8.12.1999. He had a fracture on the left wrist. Ext.A6 CT scan shows subarachnoid bleed with extension to the 4th ventricle, haemorrhagic contusion in the left frontal region and fracture frontal bone. Minor head injury and left lower end of radius fracture is the diagnosis. The Tribunal did not enter any specific finding about the quantum of monthly income which the claimant-appellant, a Carpenter, was earning at the relevant time. A medical certificate, not proved strictly, was produced to show that the claimant had suffered 9% permanent disability. The Tribunal accepted 3% disability alone. The Tribunal did not proceed to consider specifically the quantum of compensation payable for reduction in earning capacity even at the said rate of MACA 457/05 2 3%. Multiplier multiplicand method were not employed to ascertain the quantum of compensation payable under the head of loss of earning power. Appellant claimant was aged 40 years. 3. Exts.A1 to A11 were marked and the Tribunal proceeded to award a total amount of Rs.42,820/- as compensation as per the details shown below: 1. Pain and suffering - Rs.7,000/- 2. Medical expenses(Against bills actually produced) - Rs.19320/- 3. Loss of earnings - Rs.4500/- 4. Miscellaneous Expenses including By-standers expenses, damage to cloths, extra-nourishment etc. - Rs.2,000/- 5. Loss amenities - Rs.10,000/- ----------------- Total - Rs.42,820/- ========= 4. The appellant is aggrieved by the quantum of compensation fixed by the Tribunal. The amount awarded under the head of pain and suffering is painfully low considering the nature of the injury suffered, it is contended. Loss of earnings was awarded at Rs.4500/- but the Tribunal has not entered any finding on the probable period of non-employment and the MACA 457/05 3 monthly earnings of the appellant. The total amount of Rs.2000/- granted under the head of miscellaneous expenses is also insufficient considering the period of hospitalisation and the subsequent treatment. Award of an amount of Rs.10,000/- without taking into consideration the reduction in earning capacity and the loss of amenities of life is not justified. Under these circumstances, the quantum of compensation deserves upward modification, contends counsel. 5. We have considered all the relevant circumstances. We are of the opinion that the appellant is entitled to a further amount of Rs.22,500/- as per the details shown below: 1. Pain and suffering (Rs.10,000 - 7,000) - Rs.3000 2. Loss of earnings (Rs.2500 x 3 - 4500) - Rs.3000 3. Miscellaneous Expenses (Rs.3000 - 2000) - Rs.1000 4. Loss of earning capacity (Rs.2500 x 12 x 15 x 3/100) - Rs.13500 5. Loss of amenities(Rs.12000 - 10000) - Rs.2000 -------------- Total - Rs.22500 ======== We find that the appellant is thus entitled to a further amount of MACA 457/05 4 Rs.22,500/-. 6. Interest has been awarded only at the rate of 6% per annum. We are satisfied that interest can be awarded at the rate of 7.5% per annum. 7. In the result: a) The appeal is allowed in part. b) The appellant is found entitled to a further amount of Rs.22,500/- as per the details shown above in addition to the amount awarded by the Tribunal. c) Insurance company shall be liable for the entire amount due with interest at the rate of 7.5% from the date of the claim petition to the date of payment. (d) Needless to say, credit shall be given to the amount, if any, already paid. R.BASANT, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd MACA 457/05 5