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Judgment
Thomas P. Joseph, J.—This appeal arises from the award dated 30.06.2012 in O.P. (M.V.). No. 963 of 2011 of the Motor Accident Claims Tribunal, Kozhikode (for short, "the Tribunal"). The appellant suffered injuries in a motor accident on 07.03.2011. The Tribunal found that the accident occurred due to the negligence of the second respondent, awarded Rs. 8,350/- with interest as compensation and directed the third respondent to deposit the amount. The appellant is aggrieved by the quantum of compensation. It is submitted that compensation awarded is low and that various injuries suffered by the appellant are not taken into account. The learned counsel for the third respondent has supported the award.
The appellant was aged 44 years at the relevant time, working as Teacher in a Government High School. His salary is stated to be Rs. 12,262/- but, no evidence is produced.
It is revealed from paragraph 9 of the award that the appellant suffered fracture of the medial malleolus (left), abrasion on the right leg and swelling on the left leg. He was treated in a private hospital initially and later in the Medical College Hospital. The Tribunal has not awarded compensation for loss of earnings, treatment expenses, disability or the loss of enjoyment of amenities of life.
It is likely that the appellant was not able to work for a period of one month atleast having regard to the nature of injuries and the period of treatment. Even if it is assumed that the appellant was on medical leave, he could have availed that leave for some other purpose. Hence a sum of Rs. 12,000/- is awarded for loss of earnings.
May be, for non production of medical bills, treatment expenses was not awarded. I stated that the appellant had undergone treatment in a private hospital and later in the Medical College Hospital. Hence Rs. 2,500/- is awarded towards treatment expenses.
Compensation awarded for pain and suffering is only Rs. 7,000/-. Having regard to the nature of injuries and the period of treatment, a further sum of Rs. 3,000/- is awarded on that count. True that the appellant had not produced any certificate showing disability but the fracture is likely to cause some discomfort which affects enjoyment of amenities of life. Hence Rs. 3,000/- is awarded on that count. Thus additional compensation payable to the appellant comes to Rs. 20,500/-. That amount will carry interest @7% per annum.
Resultantly this appeal is allowed in part as under:
(i) In modification of the award dated 30.06.2012 in O.P. (M.V.). No. 963 of 2011 of the Motor Accident Claims Tribunal, Kozhikode the appellant is allowed to recover a further sum of Rs. 20,500/- (Rupees Twenty Thousand and Hundred Only) with interest @7% per annum from the date of application till recovery from the respondents.
(ii) The third respondent is directed to deposit the amount in the Tribunal within two (2) months from this day.
(iii) Parties are directed to suffer their cost in the appeal.