A.ANWAR v. SABU JOSEPH

Heard, Smt.Manju M, the learned counsel appearing for the appellant, Sri. S Arun Raj, the learned counsel appearing for M.A.C.A No. 476 of 2013 4 the 2nd respondent and Smt. Rekha Nair, the learned counsel appearing for the 3rd respondent.

6. The only dispute relates to the quantum of compensation. The learned counsel for the appellant points out that the amounts awarded by the Tribunal under various heads are grossly inadequate but the learned counsel appearing for the 2nd respondent would oppose the said contention by pointing out that a reasonable amount has been awarded and hence no interference is required.

7. I have carefully gone through the records. The appellant claimed to be a Network Engineer working in a private establishment with a monthly income of Rs.10,000/-. To substantiate the employment and monthly income, Ext.A13 and A14 documents were produced. A14 is the salary certificate, as per which he was getting an amount of Rs.10,000/- per month. However, the Tribunal did not accept the same, on the ground that the same was not properly proved by examining the person who issued the said certificate. However, it is evident from the records that he was 25 years old at the time of the accident and he was working as a network engineer. His qualifications are not seriously M.A.C.A No. 476 of 2013 5 disputed. Therefore, I am of the view that the monthly income of Rs.10,000/- as claimed by him was a probable amount for a person of that qualification. Therefore, the said amount can be accepted. The monthly income, in this case, can have relevance only with respect to loss of earnings. To substantiate the loss of earnings, the appellant relied on an Ex.A13 certificate, which would indicate that he was forced to avail leave for a period of 41 days on loss of pay. In such circumstances, the loss of earnings can be granted for the said period. The said amount would come to Rs.15,785/-. The amount already awarded by the Tribunal, under this head is Rs.6,000/- and thus the additional compensation R.9,785/-.

8. The next ground highlighted by the learned counsel for the appellant is the inadequacy in the compensation awarded for attendant expenses. It is evident from the records that he underwent inpatient treatment for a period of 23 days. The Tribunal awarded Rs.2,750/- only, which appears to be on the lower side. When attendant expenses is calculated at Rs.200/- per day, the said amount would come to Rs.4,600/-. The amount M.A.C.A No. 476 of 2013 6 awarded by the Tribunal is Rs.2,750/-; thus, the additional compensation would come to Rs.1,850/-.

9. The next aspect is compensation for pain and suffering, and the amount awarded by the Tribunal under this head is Rs.20,000/-. Ext. A11 is the wound certificate as per which the appellant sustained the following injuries: “Nasal bone fracture, Bleeding wound over the left eyelid, Multiple lacerated wound over left eyelid 5 X4 cm, 2X1 cm, profuse bleeding from supraorbital and supratrochlear vessels, 5X4cm laceration with tissue loss over the forehead, 3cm laceration scalp, 2X1cm laceration with tissue loss over the bridge of the nose.” The nature of the injuries, as mentioned above, would show the serious nature of the same, and he had undergone prolonged treatment as well, even after his discharge. Therefore, I am of the view that a further sum of Rs.15,000/- can be granted under the head of pain and suffering.

10. Similarly, the amount awarded towards the loss of amenities was Rs.12,000/-. The learned counsel for the appellant points out that, consequent to the injuries, he suffered disfigurement as well as other difficulties consequent to the same. M.A.C.A No. 476 of 2013 7 Considering the aforesaid aspects, I deem it appropriate to grant a further sum of Rs.8,000/- towards loss of amenities and disfiguration. Thus, the total additional compensation is determined as Rs. 34,635/-(9,785 + 1,850 + 15,000 + 8,000). In the result, this appeal is allowed. The award dated

28.05.2011, passed by the Motor Accidents Claims Tribunal, Ernakulam in O.P(M.V) No. 573/2007 is hereby modified by granting an additional compensation of Rs.34,635/- (Rupees thirty four thousand six hundred and thirty five only) and the said amount shall be deposited by the 2nd respondent, with interest as ordered by the Tribunal and with the proportionate costs within a period of three months from the date of receipt of a copy of this judgment. Sd/- ZIYAD RAHMAN A.A. JUDGE