IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 MACA.No. 851 of 2007(G) ---------------------- OPMV.878/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- M.M. THOMAS, MATTATHIL HOUSE, AREEPARAMPU P.O., KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): RESPONDENTS: --------------------------- 1. P.K. MOHANAN, EETTINILKUMATHIL VEEDU, MALAYALAPUZHA THAZHAM, PATHANAMTHITTA DISTRICT. 2. K.S.R.T.C., REPRESENTED BY ITS MANAGING DIRECTOR, K.S.R.T.C., TRIVANDRUM. 3. REGHUNATHAN UNNITHAN, KURAMPALA, MELEPANA, KURAMPALA, PANDALAM. 4. A. ANANTHA PADMANABHAN, SRI VIHAR, KURAMPALA, PANDALAM. 5. NEW INDIA ASSURANCE CO. LTD., REPRESENTED BY ITS BRANCH MANAGER, CHENGANNOOR. ADV. SRI.K.PRABHAKARAN FOR R2 SRI.S.MAMMU FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. ------------------------------------ M.A.C.A No.851 of 2007 ------------------------------------- Dated this the 26th day of March, 2009 JUDGMENT BASANT, J. Claimant before the Tribunal is the appellant before us. He staked a claim for an amount of Rs.1,50,000/- as compensation for personal injuries suffered by him in an accident which took place on 07.07.1997. He claimed to be a daily wage earner. His monthly income was asserted to Rs.2,000/-. He was aged 41 years on the date of the accident. He suffered injuries including fractures. Maxilla, mandible and zygonic bones were fractured. He was an inpatient for a period of 11 days. 2. Before the Tribunal no oral evidence was adduced. Exts.A1 to A9 were marked. The Tribunal on an anxious consideration of all the relevant inputs came to the conclusion that the appellant is entitled for an amount of Rs.32,250/- as compensation as per the details given below. i) Loss of earning (2,000 X 1) : Rs. 2,000/- ii) Medical Expenses (against bills produced) : Rs. 7,250/- iii) Transport and bystander's expenses : Rs. 1,000/- M.A.C.A No.851 of 2007 2 iv) Pain and suffering : Rs.12,000/- v) Loss of amenities : Rs.10,000/- --------------- Total : Rs.32,250/- ---------------- Interest was directed to be paid @ 9% per annum from the date of the petition. 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 first of all contends that loss of amenities has been reckoned only for a period of one months. This is incorrect. The appellant was an inpatient for a period of 11 days. He had suffered fracture of 3 bones. He had to continue treatment after discharge. In these circumstances award of only an amount of Rs.2,000/- under the head `loss of earning' is not justified, contends the counsel. We find merit in that contention. Considering the nature of injuries and the probable period of involuntary non employment, we are satisfied that a total amount of Rs.4,000/- (2 X 2000) can be awarded as compensation under the head `loss of earning'. M.A.C.A No.851 of 2007 3 4. For transport and bystander's expenses, only an amount of Rs.1,000/- has been awarded and this is too low considering the nature of injuries as also the period of treatment as an inpatient and thereafter as an outpatient, contends the counsel. We find merit in that contention. We are satisfied that an amount of Rs.2,000/- can be awarded under this head. 5. An idea about the pain and suffering endured by the victim can be gathered from the nature of injuries and from the nature of procedures undergone. An idea about the post discharge treatment can also be gathered from the medical records produced. We are satisfied, in these circumstances, that a total amount of Rs.15,000/- can be awarded under the head pain and suffering. We fix it as Rs.15,000/- taking note of the fact that a further amount of Rs.10,000/- has been awarded for loss of amenities even though no physical permanent disability is shown to have been suffered by the appellant. 6. The above discussions lead us to the conclusion that the appellant is entitled for the following further amount of compensation under the heads shown below: i) Loss of earnings (2,000 X 2 minus 2,000) : Rs.2,000/- more M.A.C.A No.851 of 2007 4 ii) Transport and bystander's expenses (2,000 minus 1,000) : Rs.1,000/- iii) Pain and suffering (15,000 minus 12,000) : Rs.3,000/- ............... Total : Rs.6,000/- ............... (Rupees Six thousand only) 7. Needless to say, the entire amount of compensation shall carry interest from the date of petition till payment at the rate already directed by the Tribunal. 8. This appeal is accordingly allowed in part to the above extent. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) rtr/-