IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 MACA.No. 1620 of 2004 ----------------------- OPMV.1078/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER; ----------------------------------- THRESYAMMA, AGED 40 YEARS, W/O.JANARDHANAN, BIJU BHAVAN, KATTETHUKUZHY, SASTHAMUGHAL, MAMALA P.O. THIRUVAMKULAM 682 305. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.NITHYA.K. SMT.MANJUSHA MOHANDAS RESPONDENT(S): RESPONDENTS: --------------------------- 1. C.V.JACOB, S/O.V.V.VARKEY, CHIRATTUMOOLAYIL, MATTAKKUZHI, VARIKKOLI PIN 682 308. 2. KUNJAMMA GEORGE, MALAL HOUSE, MATTAKKUZHI, VARIKOLI P.O. 682 308. 3. THE NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, KOLENCHERRY, KOLENCHERRY P.O.682311 ADV. SRI.K.C.PAULOSE FOR R1, R2 SMT.LATHA T.THANKAPPAN FOR R1, R2 SRI.E.M.JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. ------------------------------------ M.A.C.A. No.1620 of 2004 ------------------------------------- Dated this the 19th day of February, 2009 JUDGMENT BASANT, J. Claimant before the Tribunal is the appellant before us. She claimed compensation for injuries suffered by her in a motor accident, which occurred on 25.09.1998. An amount of Rs.2 lakhs was claimed. Only an amount of Rs.35,000/- was awarded. 2. The claimant is a woman aged 35 years on the date of the accident. She was allegedly employed as a head load worker in a quarry. She claimed that her income was Rs.4,500/- per mensem. She had suffered fracture of the zygomatic arch on the right. There was head injury also. Cerebral concussion was there. She was an inpatient for a period of 8 days. No oral evidence was adduced. Exts.A1 to A8 were marked. 3. The Tribunal taking into account all the relevant circumstances came to the conclusion that the appellant is entitled for an amount of Rs.30,000/- along with interest @ 9% per annum. The break up of the figures are given below. M.A.C.A. No.1620 of 2004 2 i) Transport to hospital : Rs.1,000/- ii) Damage to clothing : Rs.500/- iii) Extra nourishment : Rs.1,000/- iv) Expenses of bystander : Rs.500/- v) Medical expenses : Rs.12,000/- (covered by bills) vi) Loss of Earnings : Rs.3,000/- (1500 X 2) vii) Pain and suffering : Rs.8,000/- viii) Loss of amenities : Rs.4,000/- ------------- Total : Rs.30,000/- ------------- Accordingly the impugned award was passed. The appellant claims to be aggrieved by the impugned award. Called upon to explain the specific nature of the challenge which the appellant wants to mount against the impugned award, the learned counsel for the appellant submits that the monthly earning reckoned while computing the compensation for loss of earning at Rs.1,500/- per mensem is not justified. It is further contended that considering the nature of the injury - fracture of the zygomatic arch and head injury and the nature of employment of M.A.C.A. No.1620 of 2004 3 the appellant, further amounts must have been awarded under the heads of loss of earnings and loss of amenities. The counsel further submits that the quantum of monthly income reckoned is not justified at all considering her employment as a head load worker in a quarry. We have considered all the relevant circumstances. We take note of the injuries suffered and the employment of the appellant as a head load worker in a quarry. We deem it probable that 3 months' loss of earnings must have been suffered by the appellant considering the nature of her employment and injuries. We are further satisfied that for loss of amenities an amount of Rs.7,500/- could have been awarded in the circumstances of the case. 4. The above discussions lead us to the conclusion that the appellant is entitled to a further amount of Rs.1,500/- under the head of loss of earning and a further amount of Rs.3,500/- under the head of loss of amenities. We are satisfied that the amount awarded under the other heads are fair, reasonable and just. M.A.C.A. No.1620 of 2004 4 5. In the result: a) The appeal is allowed in part; b) The impugned award is modified and it is directed that the appellant is entitled to a further amount of Rs.5,000/- (Rupees Five thousand only) in addition to the amounts already awarded along with interest on the total amount and cost as already directed. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) rtr/-