Sasikumar vs Krishnankutty and Others

T.R. Ramachandran Nair, J.—The appellant is the injured in an accident which occurred on 14.9.2000. He was walking along a public road and was hit by a tempo van driven by the second respondent. Serious injuries were caused to the appellant including head injury, fracture humerus and fracture right ulna. He was initially admitted in the Aswini Hospital, Thrissur, where he was inpatient for 12 days and he underwent brain surgery also. For better treatment, he was removed to Government Hospital, Erode where was inpatient for 22 days. It was claimed that he was aged 29 at the time of the accident and was working as Secretary in a Milk Society earning Rs. 3,500/- per month.

The learned counsel for the appellant Sri. P.V. Chandramohan submitted that the Tribunal has arrived at the monthly income only at Rs. 2,000/- which is totally inadequate. It is also submitted that the Tribunal even though arrived at the percentage of disability based on three certificates finally reduced it to 20% from 32.32 %, which is not justifiable. It is also submitted that the doctor was examined as PW1 and his evidence was also available before the Tribunal. It is clear from the discussion of evidence that the appellant sustained the following injuries, which is supported by Ext.A6, copy of the wound certificate:

"head injury with tentorial haemorrhage, hydro cephalus, acqueductal stenosis, fracture humerus, fracture right ulna, haematoma left temporal area, multiple bodily and facial injuries." 3. The monthly income is calculated at Rs. 2,000/- as already pointed out by the learned counsel for the appellant. Evidently, he was a daily wage earner in a milk society. Of course, the learned counsel for the appellant has got a case that the appellant was earning the income throughout the month since it is a milk society, but for the purpose of awarding compensation, this Court will have to weigh various aspects. We therefore fix the monthly income at Rs. 2,500/- considering the nature of the employment. As far as fixation of total compensation is concerned, the Tribunal has fixed it at Rs. 1,47,350/-. The following are the heads under which compensation has been arrived at:

Since we fix the monthly income at Rs. 2,500/-, for partial loss of earnings, he will be entitled to Rs. 15,000/-. As far as item No. 6 is concerned, for expenses of bystanders, we refix the amount at Rs. 3400/-, since he was in hospital for a period of 34 days, @ Rs. 100/- per day. The Tribunal has granted Rs. 15,000/- for pain and suffering. It is a case where he has suffered very serious injuries including head injuries and it is seen that the disability has been caused differently as far as the appellant is concerned. It is clear from the medical certificate that the disability has been assessed as hearing loss, neurological disability as well as orthopaedic disability corresponding to the injuries sustained by him. All these support the case of the appellant that the amount awarded towards pain and suffering is considerably low. We refix the amount as Rs. 25,000/-.

As far as the compensation for disability is concerned, it will be Rs. 1,63,200/- taking the multiplier as 17 and the disability as 32%. We find no justification to reduce the percentage of disability as done by the Tribunal since the certificate is very clear that the whole body disability has been assessed at 32.32%. We find from the certificate that for hearing loss, the disability has been assessed at 20%, for lack of memory and difficulty in walking, it is assessed at 10% and orthopaedic disability is assessed as 6%, totalling 36%. By reckoning the same and treating him as a physically handicapped person, the doctor has refixed the percentage of disability namely whole body at 32.32%. We do not agree with the finding of the Tribunal to reduce the percentage of disability to 20%. Accordingly, we have arrived at the compensation. Lastly, as far as the compensation for loss of amenities and enjoyment of life is concerned, it is submitted by the learned counsel for the appellant that he has lost hearing capacity of right ear and orthopaedic disability is also there. Since the accident is of the year 2000, we fix an amount of Rs. 25,000/- towards loss of amenities and enjoyment of life.

Accordingly, the compensation is recomputed as follows:

The enhanced amount will carry interest @ 9% per annum from the date of petition. 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 appeal is accordingly allowed. There will be no order as to costs in the appeal.