C.N. Gopalakrishnan vs Santhoshkumar Sathyavilasom

T.R. Ramachandran Nair, J.—The appellant who was injured in an accident is aggrieved by the fixation of quantum of compensation. As against the claim of Rs. 6,91,000/- for compensation, the Tribunal has granted only Rs. 2,26,000/-. The injured was at the age of 48 years at the time of the accident. As a result of the accident, he sustained serious injuries to his left leg. The same resulted in amputation of one leg below knee. The accident occurred on 25.06.2004 while he was waiting near Puthenchanda bus stop. An autorickshaw knocked him down causing the injuries.

He was engaged in the sale of old newspaper items in Ernakulam market. Monthly income claimed is Rs. 2,500/-.

The learned counsel submitted that the Tribunal has granted Rs. 1,05,600/- alone as the total compensation for permanent disability and the amount under various heads is also too low considering the seriousness of the injuries and the fall out of the same on his body.

We find from the discussion at para. 8 of the judgment that adopting MC Bride''s scale, the disability has been assessed at 40%. It appears that no separate disability certificate was produced, but the Tribunal has rightly assessed the disability at 40%, as the leg was amputated below knee.

In the light of the fact that monthly income claimed is Rs. 2,500/-, as the income from selling old newspapers, the same could have been accepted by the Tribunal. It is also seen that the accident has resulted in amputation. Therefore, even though there was no separate claim for the replacement, by way of artificial limb, we find that as against the claim of Rs. 25,000/- towards medical expenses, no amount has been granted. It is a matter of common knowledge that the person will have to utilize the artificial limb. Therefore, a reasonable amount for purchase of artificial limb can be granted and we fix an amount of Rs. 7,500/- towards that head.

The Tribunal has assessed the compensation in the following manner:

Sl. No

Head of claims

Amt.

1

Hospitalisation, transportation, damage to clothing & articles and extra nourishment

Rs. 5,000.00

2

Attendant expenses treatment expenses

Rs. 10,000.00

3

Loss of earnings

Rs. 15,000.00

4

Pain and suffering

Rs. 45,000.00

5

For discomforts and inconvenience

Rs. 35,000.00

6

For artificial limb

Rs. 7,500.00

7

Reduction of earnings on account of permanent and partial disability

Rs. 1,56,000.00

8

Reduction in happiness, the enjoyment in life and social disability

Rs. 15,000.00

9

Future treatment expenses

Rs. 10,000.00

Total

Rs. 2,98,500/-

By taking Rs. 2,500/- as monthly income and taking 40% as permanent disability, the total compensation for the reduction of earnings on account of permanent and partial disability will be Rs. 1,56,000/-. Even though the learned counsel for the appellant submitted that for loss of enjoyment of life and social disability, the amount awarded is too low, we find that Rs. 35,000/-has been granted towards discomforts and inconvenience, and another amount of Rs. 15,000/-has been granted towards reduction in happiness, enjoyment in life and social disability which are reasonable. For treatment expenses what is granted is only Rs. 1,000/- and for attendant expenses in total Rs. 4,500/- is granted. We grant an amount of Rs. 10,000/- in total towards these 2 items of claims. As far as pain and suffering is also concerned, we slightly enhance the amount and refix the compensation as Rs. 45,000/- considering the seriousness of injury, periods of treatment as inpatient and outpatient. Accordingly we refix the compensation in the following manner:

Sl. No

Head of claims

Amt.

1

Hospitalisation, transportation damage to clothing & articles and extra nourishment

Rs. 5,000.00

2

Attendant expenses

Rs. 4,500.00

3

Loss of earnings

Rs. 15,000.00

4

Treatment expenses

Rs. 1,000.00

5

Pain and suffering

Rs. 35,000.00

6

For discomforts and any inconvenience

Rs. 35,000.00

7

Reduction of earnings on account of permanent and partial disability

Rs. 1,05,600.00

8

Reduction in happiness, the enjoyment in life and social disability

Rs. 15,000.00

9

Future treatment expenses

Rs. 10,000.00

Total

Rs. 2,26,100/-

The appeal is allowed accordingly. There will be a direction to the Insurance Company to deposit the award amount (less the amount if any paid) within three months and on such deposit being made, the claimant can withdraw the amount. No costs.