Sanjay S. Kumar vs Abbas C.A.

T.R. Ramachandran Nair, J.—This appeal is filed by the claimant in a motor accident claim case. The accident occurred on 5.7.2007 near I.G.M. School, Puthukkalavattom. The Tribunal found that the accident occurred due to the negligence on the part of the driver of the vehicle and as against the claim of Rs. 8,05,000/-, the Tribunal awarded Rs. 3,82,071/- with interest at 9% per annum.

Learned counsel for the appellant submitted that the appellant was treated as inpatient in the hospital for a period of 84 days and thereafter as outpatient for a period of one year. He has got shortening of the right leg and his education has been interrupted for a period of two years.

The appellant had suffered various serious injuries and fractures. The injuries suffered by the appellant are extracted below:-

"(1) Fracture of both bone of leg.

(2) Bimalleolar fracture with dislocation of right ankle.

(3) Avulsion fracture of left calcanium.

(4) Sutured wound on the forehead.

(5) Multiple abrasion on the right side of face."

Ultimately, the disability has been assessed at 20%.

Learned counsel for the Insurance Company submitted that compensation awarded by the Tribunal is sufficient and adequate.

Ext. A10 is the disability certificate issued by the Medical Board under the District Medical Officer, Ernakulam, where the percentage of disability is seen as 20%. As against the multiplier of 18, going by the decision of the Apex Court in Sanjay Kumar Vs. Ashok Kumar and Another, , only 16 has been taken. His notional income has been taken as Rs. 4,000/-. The Tribunal has assessed compensation under various heads, the details of which are extracted below:-

Head

Amount Claimed

Amount awarded

Loss of studies

10000

10000

Transportation expenses

3000

3000

Damage to clothes

2000

500

Extra nourishment

20000

5000

Medical expenses (supported by bills)

125000

125371

Attendant expenses

15000

14600

Shock, pain and sufferings

80000

35000

Compensation for continuing & Permanent disability (4000x12x16x20/100)

400000

153600

Compensation for loss of earning power

50000

0

Loss of amenities and enjoyment in life

50000

20000

Compensation for disfiguration (Further

treatment)

50000

15000

Total

805000

382071

We are of the view, in the light of the long and continuous period of treatment, serious injuries sustained by him and the disability suffered by him, the appellant is entitled for more amount towards pain and suffering, loss of amenities and enjoyment in life, permanent disability and the loss of marriage prospects. Apart from the above, the amount granted towards transportation expenses is also required to be enhanced. It is well settled that allowable amounts can be granted under various heads, irrespective of the total amount claimed. We have noticed that, being unmarried and of very young age, a reasonable amount can be granted towards loss of prospects of marriage, a permissible head.

Accordingly, we refix the amount of compensation as here below:-

Head

Claimed

Amount awarded

Loss of studies

10000

10000

Transportation expenses

3000

5000

Damage to clothes

2000

500

Extra nourishment

20000

5000

Medical expenses (supported by bills)

125000

125371

Attendant expenses

15000

14600

Shock, pain and sufferings

80000

50000

Compensation for continuing & Permanent disability (4000x12x18x20/100)

400000

172800

Compensation for loss of earning power

50000

0

Loss of amenities and enjoyment in life

50000

35000

Compensation for disfiguration (Further treatment)

50000

15000

Loss of prospects of marriage

0

30000

Total

805000

463271

Thus, the claimant is entitled to a total amount of Rs. 4,63,271/- (Rupees Four Lakhs Sixty Three Thousand Two Hundred and Seventy One Only), which will carry 9% interest per annum from the date of petition till realisation. We direct the Insurance Company to deposit the said amount within three months from today, less the amount already deposited.

The appeal is allowed as above. No costs.