IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 MACA.No. 698 of 2003() ---------------------- OP(MV)NO.60/2000 OF THE MACT, KALPETTA. APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- KUNHIRAMAN, S/O. CHANDU, NOCHATTIL HOUSE, KARAKKAMALA P.O., KOMMAYAD, MANANTHAVADY. BY ADV. SRI.JOHN K.GEORGE RESPONDENT(S): RESPONDENTS: --------------------------- 1. SRI.AZEEZ, S/O. MOIDEEN, THAYYIL HOUSE, VELLAMUNDA P.O., MANANTHAVADY. 2. T.P. AMMED, S/O. MOOSA, KOILOTHKANDIYIL HOUSE, KUTTIYADI P.O. 3. ORIENTAL INSURANCE COMPANY LIMITED, VADAKARA P.O. ADV. SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. ------------------------------------ M.A.C.A. No.698 of 2003 ------------------------------------- Dated this the 12th day of March, 2009 JUDGMENT BASANT, J. Claimant before the Tribunal is the appellant before us. He claimed compensation for personal injuries suffered by him in a motor accident which occurred on 22.05.1999. He claimed an amount of Rs.7 lakhs as compensation. He was aged 22 years on the date of the accident. He claimed to earn an income of Rs.4,000/- per mensem. He had suffered abdominal injuries. He had suffered fracture of two ribs and rupture of the deoudeneun has resulted. He was an inpatient for a period of 22 days. The Medical Board had assessed the percentage of disability at 10%. Before the Tribunal, the claimant examined himself as PW1. Exts.A1 to A11 were marked. 2. The Tribunal on an anxious consideration of all the available inputs directed payment of an amount of Rs.48,650/- as per the details given below along with interest @ 9% per annum. M.A.C.A. No.698 of 2003 2 i) Loss of earning (4 X 2500) : Rs.10,000/- ii) Transport to hospital : Rs. 3,300/- iii) Extra nourishment : Rs. 1,500/- iv) Medical expenses (entire bills not produced : Rs. 2,500/- v) Bystander's expenses: Rs. 1,100/- vi) Pain and suffering : Rs.15,000/- vii) Damage to clothing : Rs. 250/- viii) Disability (composite amount awarded) : Rs.15,000/- ................... Total : Rs.48,650/- ................... 3. The appellant claims to be aggrieved by the impugned award. Called upon to explain the nature of the challenge which the appellant wants to mount against the impugned award, the learned counsel for the appellant assails the impugned award on various grounds. 4. The counsel first of all contends that the Tribunal erred grossly in awarding only a global total amount of Rs.15,000/- for the disability suffered. The Medical Board had assessed the disability and had found the disability to be 10%. M.A.C.A. No.698 of 2003 3 Adopting the multiplier-multiplicand method, reduction in earning capacity must have been ascertained. Physical disability suffered has two fold reflections on the life of a person. It reduces the earning capacity. It impairs the quality of enjoyment of life. For both these dimensions of the loss suffered, compensation deserves to be awarded, contends the counsel. The Tribunal had mixed up the issues and had acted arbitrarily and tentatively in awarding only an amount of Rs.15,000/- as compensation, contends the counsel. 5. The learned counsel further contends that while it is true that the appellant had not produced all vouchers, bills etc. to prove medical expenses, the Tribunal was not at all justified in awarding only an amount of Rs.2,500/- as compensation for medical expenses. Reasonable medical expenses should have been admitted even in the absence of more cogent, crisp and specific data, contends the learned counsel. 6. We have considered all the relevant inputs. We agree with the learned counsel for the appellant that the Tribunal ought to have considered whether any reduction in earning capacity has resulted. If so, compensation payable under the head of reduction in earning capacity and loss of amenities M.A.C.A. No.698 of 2003 4 consequent to physical disability must have been separately ascertained. In not doing so, the Tribunal has obviously erred. 7. The injury suffered is fracture of the ribs and abdominal injury resulting in rupture of deoudeneun. That disability has been certified by the Medical Board to be 10%. We are satisfied that the disability does not appear to have any direct bearing on the earning capacity. But all the same, we are satisfied that the physical disability suffered must definitely have caused reduction in earning capacity. In the circumstances of the case, we are satisfied that 5% can safely be assumed to be the reduction in earning capacity. Adopting the multiplier- multiplicand method, we are satisfied that the appellant deserves to be awarded an amount of Rs.25,500/- (2500 X 12 X 17 X 5/100) as compensation for reduction in earning capacity consequent to the physical disability. 8. An amount of Rs.15,000/- has already been awarded as compensation for disability. We are satisfied that the said amount can be reckoned as compensation for loss of amenities consequent to physical disability. 9. The appellant had suffered serious injuries and was an inpatient for a period of 22 days. We are satisfied in the facts M.A.C.A. No.698 of 2003 5 and circumstances of this case that awarding an amount of Rs.2,500/- only as compensation for medical expenses is not sufficient. We are satisfied considering the nature of injuries, nature of treatment and the period of hospitalisation that an amount of Rs.5,000/- (2,500 more) can be awarded under the head of medical expenses. 10. We are not satisfied that the amounts awarded under any other head deserve appellate interference. 11. The above discussions lead us to the conclusion that the appellant is entitled for the following further amounts in addition to the amount already awarded by the Tribunal. i) Medical expenses (5,000 minus 2,500) : Rs.2,500/- more ii) Loss of earning capacity consequent to physical disability (2500 X 12 X 17X 5/100) : Rs.25,500/- more ................ Total : Rs.28,000/- more ................ (Rupees Twenty eight thousand only) 12. Needless to say, the entire amount of compensation shall bear interest from the date of the petition till payment at the rate awarded by the Tribunal. M.A.C.A. No.698 of 2003 6 13. This appeal is allowed in part to the above extent. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) rtr/-