IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE V.CHITAMBARESH THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 MACA.No. 1355 of 2011() ----------------------- O.P.(MV) NO.1911/04 OF M.A.C.T, THRISSUR ........................ APPELLANT : PETITIONER -------------- BINET P.R, S/O.RAPPAI, PALLISSERY HOUSE, KUTTOOR, THRISSUR BY ADV. SRI.DILIP J. AKKARA RESPONDENTS : RESPONDENTS --------------- 1. PRINCE V.D.,S/O.DEVASSY, VADAKKETHALA HOUSE,VELUR P.O., THRISSUR - 680 601. 2. BIJU, S/O.MATHEW, THERATTIL HOUSE, KURUMAL DESOM VELOOR VILLAGE, THRISSUR - 680 601. 3. THE ORIENTAL INSURANCE CO.LTD, REP.BY BRANCH MANAGER, BRANCH OFFICE, THIRUVAMBADY TEMPLE SHOPPING COMPLEX,SHORNUR ROAD THRISSUR - 680 001. ADV. SRI.C.HARIKUMAR FOR R1 & R2 ADV. SMT.V.V.ASHA FOR R1 & R2 ADV. SRI.M.JACOB MURICKAN FOR R-3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY DELVERED THE FOLLOWING: R.BASANT & V.CHITAMBARESH, JJ. *********************** M.A.C.A No.1355 of 2011-C ***************************** Dated this the 11th day of November, 2011 ORDER BASANT, J. Claimant is the appellant. He, a 28 year old driver, claimed compensation for personal injuries suffered by him in a motor accident which took place on 24.01.2004. He had suffered multiple injuries including lacerated wounds on the right frontal area, cut wound on chin and laceration on lower lip. In the C.T scan mild cerebral oedema was detected and in the M.R.I spine, mild disc paralise of C6-C7 and C5- C6 were also detected. One tooth on the upper jaw was clipped. He underwent treatment as an inpatient for a period of 3 days. He was advised to continue medication for one month and to attend a local hospital for suture removal. Against a total claim of Rs.1.25 lakhs, the Tribunal awarded Rs.50,000/- as compensation as per the details given in para.11 of the impugned award which we extract below. Sl.No. Head of claim Amount awarded 1 Loss of earning Rs. 6,250.00 2 Medical and miscellaneous expenses Rs.20,623.00 3 Bystander expenses Rs. 2,000.00 4 Transportation expenses Rs. 1,000.00 5 Extra nourishment Rs. 1,500.00 M.A.C.A No.1355 of 2011-C 2 Sl.No. Head of claim Amount awarded 6 Damages to clothing etc. Rs. 500.00 7 Pain and suffering Rs.13,000.00 8 Discomfort Rs. 5,000.00 Total Rs.49,873.00 2. We have heard the learned counsel for the appellant and, the learned counsel for the insurance company and the learned counsel for the 2nd respondent. The Tribunal has directed the insurance company to pay and recover the amount. The challenge is raised only against the quantum of compensation awarded. 3. Called upon to explain and be specific, the learned counsel for the appellant first of all contends that monthly income of the appellant reckoned at Rs.2,500/- is not correct and proper. The appellant is a driver. Even if he were reckoned as an unskilled manual worker, Rs.3,000/- must safely have been accepted as the monthly earnings in 2004. The counsel relies on the precedents in Lata Wadhwa V. State of Bihar [AIR 2001 SC 3218] and Laxmi Devi & Ors. V. Mohammad Tabbar & Anr. [2008 ACJ 1488] in support of this contention. We agree that the monthly income of the appellant can be reckoned at Rs.3,000/- and the amount awarded under the head of loss of M.A.C.A No.1355 of 2011-C 3 earnings can be enhanced to that extent. 4. The learned counsel for the appellant then contends that only a total amount of Rs.18,000/- has been awarded under the composite head of pain and suffering and loss of amenities (Rs.13,000/- plus Rs.5,000/-). The learned counsel for the appellant argues that this is too low considering the nature of the injuries, the period of treatment and the injuries suffered to the tooth. Taking all the relevant circumstances into account, we are satisfied that a total amount of Rs.21,000/- can be awarded under that composite head. 5. The above discussions lead us to the conclusion that the appellant is entitled to a further amount of Rs.4,250/- as compensation as shown below in addition to the amounts already awarded by the Tribunal under the impugned award. i) Loss of earnings (3,000X2.5 = 7,500 minus 6,250) : Rs.1,250.00 ii) Pain and suffering & loss of amenities : Rs.3,000.00 (21,000 minus 18,000) ----------------- Total : Rs.4,250.00 ======= 6. We are not persuaded to interfere with the amount of compensation awarded under any other head. M.A.C.A No.1355 of 2011-C 4 7. In the result: a) This M.A.C.A is allowed in part; b) The appellant is found entitled to a further amount of Rs.4,250/- (Rupees Four thousand two hundred and fifty only) in addition to the amount already awarded by the Tribunal under the impugned award; 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 including the direction that the insurance company can pay and recover the amount from the owner are upheld. (R.BASANT, JUDGE) (V.CHITAMBARESH, JUDGE) rtr/