Ambross vs Alex and Others

T.R. Ramachandran Nair, J.—These appeals arise from the common judgment of the Motor Accidents Claims Tribunal, Thrissur in O.P. (MV) Nos. 2643/2000, 2754/2000, 2756/2000, 2757/2000, 3130/2000, 3131/2000 and 3132/2000.

M.A.C.A. Nos. 522/2006, 524/2006 and 585/2006 are against the awards in O.P. (MV) Nos. 3130/2000, 3132/2000 and 2754/2000 respectively.

It is a case where the accident occurred on 5.9.2000. The appellants in M.A.C.A. No. 585/2006 are the widow, children and mother of deceased Nelson. In the other two cases, the compensation is claimed for the personal injuries sustained by the appellants themselves. All of them were travelling in a Tata sumo bearing Reg. No. KL-8/K8 739 which hit against a lorry bearing Reg. No. TN 72 W/1654 at a place called Nellai.

First we come to the facts of M.A.C.A. No. 585/2006. The deceased as well as the appellants/claimants in the other two cases at the time of the accident were employed in the Thrissur Municipality Electricity Wing. The deceased Nelson was aged 38 and was drawing a monthly salary of Rs. 7895/- He was a lineman with the employer. His wife was examined as P.W. 3 and the total compensation claimed was Rs. 17 lakhs.

The learned counsel for the appellants submitted that while computing the compensation, the Tribunal has not granted any amount towards future increase in the salary. The claimants are the widow, three minor children and mother of deceased Nelson. Therefore going by the judgment in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, (2009) ACJ 1298 : AIR 2009 SC 3104 : (2009) CLT 1055 : (2009) 6 JT 495 : (2009) 6 SCALE 129 : (2009) 6 SCC 121 : (2009) 5 SCR 1098 : (2009) 5 UJ 2280 : (2009) AIRSCW 4992 : (2009) 3 Supreme 487 , 1/4 alone can be deducted for the personal expenses of the deceased.

We have gone through the fixation of compensation by the Tribunal. Rs. 7895/- is taken as the monthly income. 2/3 of the same is taken as the multiplicand and multiplier of 16 is adopted. According to us, since the deceased was having a permanent employment in the Municipality, 50% of the monthly income will have to be added going by the judgment in Sarla Varma''s case and by adding 50%, the income will be Rs. 11843/- and the multiplier will be 15. After deducting 1/4 towards personal expenses, the amount will come to Rs. 15,98,805/- (11843 x 12 x 15 x 3/4). No amount has been granted by the Tribunal for pain and suffering. The remaining heads of compensation granted by the Tribunal are:

In the light of the decision of the Apex Court in Rajesh v. Rajbir Singh (2013 (3) KLT 89 (SC), we will be justified in granting Rs. 1,00,000/- towards loss of consortium and Rs. 1,00,000/- towards loss of love and affection. Apart from the same, Rs. 25,000/- each is awarded towards funeral expenses and loss of estate.

Accordingly, the award is modified as follows:

MACA No. 522/2006

This appeal is from the award in O.P. (MV) No. 3130/2000. There the injured was aged 37 at the time of the accident and was earning Rs. 11,000/- per month as Sub Engineer in Thrissur Municipality. He sustained injuries to the head, lacerated wound legs and other bodily injuries. He was treated in the West Fort Hospital and in his evidence as P.W. 1 he has stated that he was aged 42 years and was earning Rs. 7826/- per month as Line Assistant. The documents in support of his treatment are Exts. A23 to A30.

The learned counsel for the appellant submitted that the disability has not been considered properly and proper amounts have not been granted under various heads. He was treated as an impatient for a period of ten days from 5.9.2000 to 14.9.2000. Ext. A26 salary certificate showed that he was earning Rs. 7826/- per month. Exts. A27 and A28 showed the details of treatment and Ext. A29 series supported the medical expenses at Rs. 21895.36 Ext. A30 is the disability certificate which reported 9% permanent disability. The Tribunal has awarded Rs. 6,000/- towards loss of earnings and Rs. 23,000/- towards medical expenses including allied expenses like transport to hospital and bystanders expenses. We grant an amount of Rs. 2000/- for bystander expenses and Rs. 2000/- towards transport to hospital. The Tribunal has granted Rs. 10,000/- towards pain and suffering, which we enhance to Rs. 25,000/-. For loss of amenities of life, Rs. 8,000/- has been granted. The appellant has suffered 9% permanent disability. This has to be considered in the light of the compensation claimed for permanent disability also. Rs. 7,000/- has been granted by the Tribunal towards permanent disability. Of course it is clear that he has not lost his job nor is finding it difficult to pursue his employment also. In that view of the matter, we will have to consider the fact that there is no loss of earning power. Therefore we will have to grant amounts towards permanent disability as well as for loss of amenities and enjoyment of life and shortened expectation of life. If the amount granted by the Tribunal is taken together, it will be Rs. 15,000/- under the head of loss of permanent disability as well as for loss of amenities. The major item will be the amount towards loss of enjoyment of life and amenities. Since admittedly there is disability of 9%, we enhance the amount of compensation by taking the two heads together to Rs. 50,000/-.

Accordingly, the appellant will be entitled to get compensation as follows:

MACA No. 524/2006

This appeal is from the award in O.P. (MV) No. 3132/2000. Paragraph 23 of the award discusses the details. He was aged 45 years at the time of the accident and was earning Rs. 10,000/- per month as an electrical worker. He sustained head injury. He was examined as P.W. 6. He was treated in West Fort Hospital, Thrissur, Thrissur Metropolitan Hospital and in Ganga Hospital, Thrissur. His evidence shows that he was aged 45 and is continuing the job. He has lost two teeth and he complained of his difficulty in chewing food and often pain and benumb in left hand as well as difficulty in taking weight. Exts. A37 to A47 as well as Exts. A61 to 63 are the documents in support of his claim.

Going by Ext. A37 wound certificate, he sustained two fractures, black eyes as well as other injuries. In the West Fort Hospital, Thrissur, he was treated from 5.9.2000 to 29.9.2000, except 23.9.2000. Ext. A38 series are the discharge summaries. In Ganga Hospital, Coimbatore he was treated as an inpatient from 23.4.2001 to 27.04.2001, which is supported by Exts. A39 discharge summary. The Tribunal awarded Rs. 13,000/- for loss of earnings, Rs. 70,000/- towards medical expenses including allied expenses like transport to hospital and bystanders expenses. Rs. 10,000/- was awarded by the Tribunal for pain suffering and Rs. 8,000/- was awarded for loss of amenities. The Certificate - Ext. A45 showed 14% disability, which was reduced to 7% by the Tribunal. The annual income other than salary was taken by the Tribunal as Rs. 9,000/- and the multiplier of 16 was adopted and the compensation for permanent disability was calculated as Rs. 10,080/-.

As rightly pointed out by the learned counsel for the appellant, the multiplier method adopted by the Tribunal is not in a proper manner. We have noticed that herein the appellant has not lost his job and his earning capacity is not affected by the disability. But still the disability will have to be compensated by a suitable method. He will be having inconveniences and it will affect the amenities in life also. Apart from the same, in the light of the fact that he was treated as an inpatient for 53 days in the hospitals and he would have continued as an outpatient also for some more days. In that view of the matter, we award a sum of Rs. 35,000/- towards pain and suffering. Going by the method adopted by the Tribunal, the compensation awarded for permanent disability as well as loss of amenities together will be Rs. 18,080/-.

The learned counsel for the Insurance Company submitted that there will not be any reduction in the salary due to the percentage of disability. In that view of the matter, we will be justified in awarding Rs. 40,000/- towards loss of amenities and enjoyment of life and an amount of Rs. 30,000/- for permanent disability.

Accordingly, the appellant will be entitled to compensation as follows:

The appellants will be entitled to interest @ 9% per annum from the date of petition for the enhanced amount of compensation. The Insurance Company shall deposit the amount less the amount already deposited within a period of three months from the date of receipt of a copy of this judgment

The appeals are accordingly allowed. No costs.