Ramachandran Nair, J.
The challenge in this appeal by the claimant before the Motor Accidents Claims Tribunal, Perumbavoor is to the quantum awarded by the Tribunal below. As against the claim of ` 1,10,000/-, what is awarded is ` 54,000/-. The accident occurred on 21/12/2003. The appellant/claimant is a milk vendor and while he was riding a bicycle from north to south through Neduvannoor-Chowara road near St.Mary's Church, Neduvannoor, a motor cycle bearing Reg.No.KL- 7AK-5702 hit against the bicycle. He fell down on the road and sustained serious injuries and he was immediately taken to Little Flower Hospital, Angamaly from where he was referred to Medical Trust Hospital, Ernakulam. He has sustained fracture of internal wall of right orbit, right frontal Haemorrhagic contusion and other injuries.
2. Before the Tribunal, Exts.A1 to A10 were marked by the claimant. The learned counsel for the appellant/claimant submitted that it is clear from Ext.A9 certificate issued by the Medical Trust Hospital that he has lost the capacity to smell and taste which is a permanent disability. He has also certain memory problems also. It is submitted that in the light of the disability a proper sum ought to have been awarded by the Tribunal, instead of ` 7680/-.
3. The learned counsel for the Insurance Company submitted that the disability, if any, has not been assessed by any medical board and the certificate does not give any such details also and what was done by the Tribunal is only guess work.
4. In paragraph 8 of the judgment, the Tribunal has noted that Ext.A5 would certificate will show that he has sustained the following injuries:
1. Lacerated wound right frontal scalp 4 x 1 cm.
2. Lacerated wound right heel
3. Bleeding from left ear
4. Fracture to right zygoma
5. Fracture to lateral wall of right orbit
6. Right frontal haemorrhagic contusion.
5. The appellant/claimant was treated as an inpatient from the date of accident till 26.12.2003. Ext.A8 discharge certificate will show that he was required to take rest upto 31.3.2004. Ext.A9 is the certificate issued by the Medical Trust Hospital and we extract the details given therein below :
“ He has neurological deficits in the form of total lack of smell ( Anosmia) and lack of taste( Ageusia). Also he has orientation and memory problems.”
6. The first question is whether the loss of earnings claimed by the appellant was the correct one. What was awarded by the Tribunal is only @ ` 2,000/- per month even though he was a milk vendor. He was aged 55 at the time of the accident. The multiplier adopted is only 8 and going by the decision of the Supreme Court in Sarla Varma v, Delhi Transport Corporation ( 2010(2) KLT 802
(SC)),, the multiplier will be 11. The learned counsel for the appellant made a fervent plea that this Court will be justified in granting compensation towards loss of amenities and loss of enjoyment in life in
the light of Ext.A9 medical report. The Tribunal has awarded compensation in the following manner :
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7. After considering Ext.A9 we are of the view that even though the accident was in the year 2003, his monthly income can be assessed as ` 3,000/- which will be reasonable. The Tribunal has taken 4% permanent disability. If that be so, he will be entitled for disability compensation of ` 15,840/- ( 3000 x 12 x 11 x 4%). Towards pain and suffering, he was granted ` 12,000/-. Considering the various injuries sustained by him and the period of treatment, we grant an amount of ` 20,000/- under this head. As far as the loss of amenities is concerned, what is lost by him is the power to smell and power to taste. Of course it is not clear whether it is a permanent one or a partial one. But considering the effect of the same on the petitioner, we grant a sum of ` 25,000/- towards loss of amenities and enjoyment of life. In that view of the matter, the total compensation will be as follows :
Treatment expenses - ` 19,550/- Compensation for disability - ` 15,840/-
Total - ` 92,140/-
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8. The amount will carry interest @ 9% per annum from the date of petition. There will be a direction to the Insurance Company to deposit he 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 allowed to the above extent.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.