IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 MFA.No. 402 of 2003() --------------------- OPMV.822/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT: PETITIONER --------------------- DOLLY SEBASTIAN WIFE OF SEBASTIAN, AGED 28 YEARS, RESIDING AT MANJAKUNAL HOUSE, PADACHIRA POST, PULPALLY (VIA), WAYANAD DISTRICT BY ADV. SRI.M.P.ABRAHAM SRI.MARTIN JOHN SRI.GEORGIE SIMON RESPONDENTS: RESPONDENTS ------------------------ 1. TOM T.CHERIAN SON OF CHERIAN, THERAMKAL HOUSE, POST PUTHUMALA MEPPADY (VIA), WAYANAD. 2. T.C.KURIAN SON OF CHACKO, THAZHATH HOUSE, CHAPPATH KATTAPPANA, IDUKKI DISTRICT 3. M/S. UNITED INDIA INSURANCE CO. LIMITED BRANCH OFFICE, MAIN ROAD, KALPETTA POST, WAYANAD DISTRICT. BY ADV. SRI.C.K.SREEJITH FOR R1,2 BY ADV. SRI.PMM.NAJEEB KHAN FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.F.A. No. 402 OF 2003 -------------------------------------------- Dated this the 25th day of June, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel appearing for the appellant and standing counsel appearing for the insurance company. The challenge is against adequacy of compensation awarded under various heads. We feel some modification is called for in regard to loss of earnings during hospitalisation and disablement. Even though appellant is only house wife, the Tribunal has awarded compensation for loss of earnings at the rate of Rs. 750/- per month for six months. Admittedly appellant was only 28 years of age at the time of accident and had to undergo several operations and was hospitalised after the accident continuously for two months. The Tribunal has considered disablement for a total period of six months. The contention of counsel for the appellant is that she was not able to work for long period in life. Considering all these facts, we feel she can be given compensation for disability for 10 months at the 2 rate of Rs. 1500/- per month. Consequently the compensation awarded under this head is increased from Rs. 4500/- to Rs. 15,000/-. The award will stand confirmed with this modification. Interest will be paid on additional compensation at the rate of 7.5% per annum as per the decision of the Supreme Court in Dharampal v. U.P. STATE ROAD TRANSPORT CORPORATION, (2008) 2 K.L.T. 691 (SC). Appeal is allowed to the extent indicated above. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3