Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR MONDAY, THE 01ST DAY OF APRIL 2019 / 11TH CHAITHRA, 1941 MACA.No.207 of 2010 AGAINST THE AWARD IN OPMV 766/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL , IRINJALAKUDA DATED 28-03-2009 APPELLANT/PETITIONER: JEEVAN, S/O CHANDRAN, KANNOLY HOUSE, PAZHUVIL.P.O, THRISSUR DISTRICT. BY ADV. SRI.N.KRISHNANKUTTY PILLAI RESPONDENTS/DEFENDANTS: 1 RAJU FRANCIS, S/O FRANCIS, KOKKATT HOUSE, AVITTATHUR P.O, THRISSUR DISTRICT. 2 THE MANAGER NATIONAL INSURANCE CO.LTD. BRANCH OFFICE, THRISSUR. 3 SUNNY.T.A S/O.ANTONY, THARAYIL HOUSE PUZHAKKAL P.O, THRISSUR DISTRICT. 4 THE MANAGER, NEW INDIA ASSURANCE CO.LTD., PERINCHERY BUILDING, ROUND SOUTH, THRISSUR. BY ADV. SRI.RAJAN P.KALIYATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No.207 of 2010 2
JUDGMENT
The claimant in a proceedings for compensation before the Motor Accidents Claims Tribunal has come up in this appeal challenging the inadequacy of the compensation.
2. It is stated in the claim petition that the claimant was
a mobile mechanic. He was aged 22 years. He sustained injuries in a motor accident took place on 14.04.2004. The claim in the proceedings was for Rs.2,50,000/-. The Tribunal, in terms of the award impugned in the appeal, granted a sum of Rs.1,28,000/- to the claimant by way of compensation. The claimant is aggrieved by the said award.
3. Heard the learned counsel for the parties.
4. The claimant suffered various injuries in the accident
including fracture of right side of the maxilla and right patella. The diagnosis revealed that he suffered cerebral concussion, diffuse brain edema etc. He was in the hospital for about 18 days in two spells. Ext.A7 is the disability certificate issued to the claimant by the medical board attached to the Medical College Hospital, Thrissur. In Ex.A7, the disability of the claimant is assessed at 5%. Ext.A8 is another disability certificate issued from the Co-operative Hospital, Irinjalakuda. In
Ext.A8, the disability of the claimant is assessed 6.5%. The compensation payable to the claimant for the injuries sustained by him has to be assessed based on the aforesaid facts and documents. MACA.No.207 of 2010 3
5. The Tribunal has reckoned the monthly income of the claimant at Rs.2,000/-. As the accident is one took place in the year 2004, in the light of the decisions of the Apex Court in
Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited (2011) 13 SCC 236, according to me, the Tribunal should have reckoned the monthly income of the claimant at Rs.4,500/-. If that be so, the claimant is entitled to a further sum of Rs.7,500/- towards loss of earnings. Likewise, if the compensation payable to the claimant for continuing disability and for loss of earning power is computed reckoning the monthly income at Rs.4,500/- and applying the multiplier '18', he is entitled to a sum of Rs.48,600/-. He was granted only a sum of Rs.20,400/- under the said head. He is therefore, entitled to a further sum of Rs.28,200/- under the said head. Towards pain and sufferings, despite the injuries aforesaid and the hospitalization made mention of earlier, the Tribunal has granted only a sum of Rs.20,000/- towards pain and sufferings. According to me, a further sum of Rs.5,000/- should have been granted by the Tribunal under the above head. Likewise, towards loss of amenities and enjoyments in life, the Tribunal has granted only a sum of Rs.10,000/-. According to me, in a case of this nature, the claimant should have
been granted a further sum of Rs.10,000/- under the above head. The compensation granted by the Tribunal to the claimant under other heads are in order. Thus, the claimant is entitled to a total additional MACA.No.207 of 2010 4 compensation of Rs.50,700/-. In the result, the appeal is allowed in part and the impugned award of the Tribunal is modified granting a further sum of Rs.50,700/- to the claimant by way of compensation. Needless to say, the claimant will be entitled to interest for the additional amount of compensation at the rate of 7.5%. Sd/- P.B.SURESH KUMAR SKS JUDGE