IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 MACA.No. 932 of 2009() ---------------------- OPMV.77/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANTS/ PETITIONER ------------------------ SASIKUMAR,AGED 30 YEARS,S/O.NEELAKANDAN, KAVUNGAPARAMBIL HOUSE,KARAMPASSERY KARA, KOOVAPPADY VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.P.P.BIJU RESPONDENT(S): RESPONDENTS -------------------------- 1. VIJAYAN,S/O.SREEDHARAN, PUTHANPURAYIL HOUSE, PARUR KARA,PARUR VILLAGE, KOTTAYAM DISTRICT. 2. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC FOR R2 SRI.K.SUNILKUMAR FOR R1 SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * M.A.C.A.No.932 of 2009 ---------------------------------------- Dated this the 13th day of October 2011 J U D G M E N T R.BASANT,J Claimant is the appellant. He claimed compensation for the personal injuries suffered by him in a motor accident which took place on 01/10/2004. Against a total claim of Rs.3,78,000/-, the tribunal awarded a total amount of Rs.1,19,100/- as per the details given in paragraph 10 which we extract below: Head Amount (Rs.) Loss of leave 18,342/- Treatment expenses 60,490/- Transportation expenses 1,000/- Damage to clothings 250/- Extra nourishment 1,000/- Attendant's charges 3,000/- Pain and suffering 15,000/- Loss of amenities 10,000/- Loss of teeth 10,000/- Total 1,19,082/- (Rounded to Rs.1,19,100/- M.A.C.A.No.932 of 2009 2 2. The appellant had suffered serious injuries including fracture to the frontal region, orbital wall fracture, right zygomatic maxillary complex fracture, left maxilla fracture with midline shift. He was an in-patient for a period of 26 days. He had lost one tooth. Three more had to be extracted. All these four teeth are on the lower jaw in front. 3. The challenge is directed only against the quantum of compensation. We have heard the learned counsel for the appellant and the learned counsel for the respondents. 4. Called upon to explain and be specific, the learned counsel for the appellant first of all contends that for loss of leave, due compensation has not been granted. The appellant was earning a monthly income of Rs.15,500/-. He had lost 71 days of leave. Compensation has not been calculated correctly. 71 days of wages is liable to be granted, argues counsel. We agree. 5. The learned counsel then contends that for 26 days of hospitalisation, only a total amount of Rs.4,000/- (Rs.3,000/- + Rs.1,000/-) has been awarded under the head of attendant's charges and extra nourishment. We agree that compensation at the rate of Rs.100/- per day of hospitalisation can be awarded M.A.C.A.No.932 of 2009 3 under each of these heads. 6. For pain and suffering, only an amount of Rs.15,000/- has been awarded. We are satisfied, taking note of the nature of injuries and the period of hospitalisation that an amount of Rs.20,000/- can be awarded as compensation under that head. 7. The appellant, a person aged about 30 years, had lost four teeth. The tribunal awarded only an amount of Rs.10,000/- as compensation for loss of teeth in addition to the amount of Rs.10,000/- awarded under the head of loss of amenities. We are satisfied that for loss of teeth, a further amount of Rs.10,000/- can be awarded as compensation. 8. The above discussions lead us to the conclusion that a further amount of Rs.34541/- can be awarded as compensation in addition to the amounts awarded by the tribunal as per the details shown below: i) loss of leave : Rs.18341/- [Rs.36,683/-(Rs.15,500/30 x 71) minus Rs.18,342/-] ii) Extra nourishment and : Rs.1,200/- bystander expenses [Rs.5200/-(Rs.200/- x 26 days) minus Rs.4,000/-) iii) Pain and suffering : Rs.5,000/- (Rs.20,000/- minus Rs.15,000/-) M.A.C.A.No.932 of 2009 4 iv) loss of teeth : Rs.10,000/- (Rs.20,000/- minus Rs.10,000/-) ------------------ Total Rs.34,541/- ======= 9. We are not satisfied that the amount awarded under any other head deserves enhancement/modification. 10. In the result, a) This appeal is allowed in part. b) The appellant is found entitled to a further amount of Rs.34,541/- (Rupees thirty four thousand five hundred and forty one only) in addition to the amount already awarded by the Tribunal. c) We make it clear that the entire amount of compensation shall carry interest at the rate and for the period as directed by the tribunal. d) All other directions of the Tribunal are upheld. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge M.A.C.A.No.932 of 2009 5 M.A.C.A.No.932 of 2009 6 M.A.C.A.No.932 of 2009 7 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010