IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 MFA.No. 258 of 2003(A) ---------------------- OPMV.1856/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT: PETITIONER: ---------------------- MRS. YESODA A.V. AGED 45 YEARS, W/O. K. VELAYUDHAN, RESIDING AT KOLLANAPATTA HOUSE, P.O. PERASANNUR, MALAPPURAM DISTRICT. BY ADV. SRI.P.T.DINESH SRI.S.NARAYANAN NAIR RESPONDENTS: RESPONDENTS: ------------------------- 1. POOVATHUMKUDY JOSE, S/O. VARKEY, PURATHUR AMSOM, VETTUKAD DESOM, THRISSUR DISTRICT. 2. P.A. JOHN, S/O. ANTHAPPAN, PULLADAN HOUSE, CHEERACHY, OLLUR, THRISSUR DISTRICT. 3. NEW INDIA ASSURANCE COMPANY LIMITED, ROUND NORTH, THRISSUR. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 1-4-2008 , THE COURT ON 01/04/2008 DELIVERED THE FOLLOWING: J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.No. 258 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of April, 2008 JUDGMENT Koshy, J. Appellant/claimant at the age of 39 years sustained injuries in a motor accident occurred on 7-11-1994. The Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance Company, but awarded only compensation of Rs.66,500/- against the claim of Rs.2 lakhs. The main dispute is regarding the quantum of compensation. 2. As far as injuries are concerned, there was fracture on the right calcanium. The disability certificate issued by the Department of Orthopedics, West Fort Hospital, Thrissur shows that she had stiffness of the ankle and foot joints and had pain on walking or standing for long periods and hence her mobility is restricted. It is also certified that she had a temporary 40% disability and she had permanent disability 18%. 3. The Tribunal did not calculate compensation on multiplier method. The Tribunal had taken the permanent disability only as 10%, even MFA 258/03 -2- though no reason was given in not accepting the Medical Expert's certificate. The appellant/claimant was a coolie by profession. Considering the injuries and considering the fact that she had difficulties on walking and standing as mentioned in the disability certificate, we are of the view that permanent disability can be taken as 15%. The Tribunal did not calculate the compensation on a multiplier method, as section 163-A was introduced only after the date of the accident. Structured formula has been taken for guidance. She was 39 years of age at the time of the accident. Hence, 16 is the apt multiplier. She stated that her income was Rs.1,500/- per month. The Tribunal has taken only Rs.1,000/- as the monthly income. The Honourable Supreme Court in Latha Wadhwa and others V. State of Bihar and others (2001) 8 SCC 197 held that even a house wife, Rs3,000/- could be taken as the monthly income of the claimant. If that be so, compensation payable for 15% permanent disability is Rs.43,200/- (Rs.1,500/- x 12 x 15/100 x 16). The Tribunal awarded only Rs.25,000/- Therefore, the claimant is entitled to Rs.18,200/- more towards compensation for disability and loss of earning power. Tribunal found that she was under treatment for a period of three months and taking Rs.1,000/- as monthly income. Tribunal granted Rs.3,000/- towards loss of earning for three months. If Rs.1,500/- has been taken as a monthly income of the appellant, she is entitled to Rs.4,500/- for MFA 258/03 -3- loss of earning for three months. Therefore, additional compensation payable under the above head is Rs.1,500/-. It is submitted that compensation granted under other heads are not sufficient. Considering the total amount granted, no further compensation will be granted under other heads. 4. Therefore , the appellant is entitled to an additional amount of Rs.19,700/- over and above the amount awarded by the Tribunal. The above amount shall be deposited by the 3rd respondent Insurance Company with 7.5 % from the date of application till its deposit. On deposit of the amount, the appellant is entitled to withdraw the same. Accordingly, the appeal is partly allowed. J.B. Koshy, Judge K. Hema, Judge mn. MFA 258/03 -4- J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.No. 258 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 1st day of April, 2008