IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 474 of 2004()
1. T. SANTHOSH, AGED 32 YEARS,
... Petitioner
Vs
1. K.P. ELDHO, KILITHATTIL HOUSE,
... Respondent
2. JOY THOMAS, PAROOKKARAN HOUSE,
3. THE ORIENTAL INSURANCE CO.LTD.,
4. THE NATIONAL INSURANCE CO.LTD.,
For Petitioner :SRI.ANIL S.RAJ
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :18/02/2009
O R D E R
R.BASANT & C.T.RAVIKUMAR, JJ.
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M.A.C.A. No.474 of 2004
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Dated this the 18th day of February, 2009
JUDGMENT
BASANT, J.
Appellant is the claimant before the Tribunal. He claimed
compensation for personal injuries suffered in a motor accident
which occurred on 06.03.1996. He claimed an amount of
Rs.3,32,750/-. He was aged 24 years and a driver by profession.
He had suffered external injuries and fracture of the nasal bone,
fracture of the right maxillary antrum, fracture of lateral wall of
right orbit and fracture of right zygoma. He was an inpatient for
32 days. He had undergone 2 surgeries. He incurred an
expenditure of Rs.52,750/- as per the medical bills produced. He
had allegedly suffered a disability and the medical board in
Ext.A11 report assessed the disability to be 20%. The Tribunal
took into account all relevant circumstances and came to the
conclusion that the appellant is entitled for an amount of
Rs.1,48,700/- along with interest @ 9% per annum. Accordingly
the impugned award was passed.
2. Called upon to explain the nature of challenge which
the appellant wants to mount against the impugned award, the
learned counsel for the appellant submits that compensation
M.A.C.A. No.474 of 2004 2
awarded for 20% disability suffered is not adequate or sufficient.
The appellant, a driver, suffered injury to the eye which led to
persistent watering from the right eye. It resulted in photo
phobia also. This, the medical board opined, has resulted in
permanent partial disability of 20%. Evidently taking into
account the fact that the appellant is a driver and for
performance of whose employment proper vision of the eye is
important, the Tribunal accepted the report of the Medical
Board.
3. Called upon to explain the precise 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 the following specific grounds. Even
though the Tribunal had accepted 20% as the physical disability
and the consequent reduction in earning capacity and had
reckoned the correct multiplier as 17 as per the second
schedule, the Tribunal erred in reckoning only Rs.1,500/- as the
monthly income. This is too inadequate. Consequent to
acceptance of only Rs.1,500/- as the monthly income, the amount
awarded under the head of loss of earning ie. Rs.1,500/- X 6 and
the amount awarded under the head of loss of earning capacity,
M.A.C.A. No.474 of 2004 3
ie. Rs.61,200 [1500 X 12 X 17 X 20/100] are inadequate, it is
contended.
4. Further the counsel contends that the disability has
resulted in dis figuration. The multiple injuries were suffered on
the face. As many as 4 fractures were also suffered. The total
amount of Rs.8,000/- awarded under the heads of loss of
amenities (Rs.5,000/-) and dis figuration (Rs.3,000/-)- is too
inadequate and insufficient, contends the counsel.
5. We note that from 1994, even for a non earning
person, law permits a presumption that he must have been
earning an amount of Rs.1,250/- per mensem. In this view of the
matter, we are satisfied that the appellant a skilled driver can
safely be assumed to be earning an income of Rs.1,750/- per
mensem. Consequently the appellant is entitled to a further
amount of Rs.1,500/- (6 X 250) under the head of loss of earnings
and an amount of Rs.10,200/- under the head of reduction in
earning capacity consequent to disability (1750 X 12 X 17 X
20/100 minus Rs.61,200]. We are further satisfied that a total
amount of Rs.15,000/- can safely be awarded as compensation
for dis figuration and loss of amenities and future prospects
suffered by the 24 year old appellant on account of the injury
M.A.C.A. No.474 of 2004 4
suffered on the face. The appellant would consequently entitle
to a further amount of Rs.7,000/- [15000 minus (5000 + 3000)].
6. The above discussions lead us to the conclusion that
the appellant is entitled to a total further amount of Rs.18,700/-
as shown below.
Loss of earnings : Rs.1,500/- more
Loss of earning
capacity consequent
to physical disability : Rs.10,200/- more
Loss of amenities and
dis figuration : Rs.7,000/- more
Total : Rs.18,700/- more
7. In the result:
a) This appeal is allowed in part;
b) The appellant shall be entitled to a further amount of
Rs.18,700/- (Rupees Eighteen thousand seven hundred only) in
addition to the amounts already awarded by the Tribunal along
with interest as directed by the Tribunal on the entire amount
from the date of the petition.
(R.BASANT, JUDGE)
(C.T.RAVIKUMAR)
rtr/