IN THE HIGH COURT OF KERALA AT ERNAKULA PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 M.A.C.A.No. 1918 of 2007(C) ----------------------- OP(MV)NO. 619/2001 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER: ---------------------- SAROJINI, W/O. KRISHNANKUTTY, VITHALASSERY HOUSE, MANNUTY, THRISSUR. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENTS/RESPONDENTS: ------------------------ 1. VIJAYAN, S/O.KORAPPAN, CHAKKALAMKUNNATH HOUSE, THANNALLOOR DESOM, PAKARA. 2. P.S.HAMZA, S/O.MOHAMMED MANU, PAKALASSERY HOUSE, ILLIKKAL, PONMUNDAM, TIRUR, MALAPPURAM. 3. THE ORIENTAL INSURANCE CO. LTD., NILAMBUR. BY ADV. SRI.K.K.MOHAMED RAVUF - R2 SRI.S.MAMMU - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: scm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1918 OF 2007 --------------------- Dated this the 26th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thrissur, in OP(MV) 619/01. The claimant, a lady aged 50 years, sustained injuries in a road accident and the Tribunal has awarded her a compensation of Rs.62,880/-. Aggrieved by that decision, the claimant has come up in appeal for enhancement of compensation. 2. Heard the learned counsel for the appellant and the Insurance Company. Learned counsel would contend that the income taken by the Tribunal is inadequate and the percentage of disability calculated is low. It is the case of the claimant that she was a vendor selling bangles and other ladies item by carrying it and she used to derive a monthly income of Rs.3,000/-. The Tribunal felt that there is no acceptable evidence and fixed the income at Rs.1,500/-. Learned counsel would contend that a minimum of Rs.3,000/- could have been taken by the Tribunal in the light of the decisions of the various courts. 3. I am afraid that on the basis of various decisions, the income cannot be fixed for the reason that it is a factor that has to be proved by the party who claims his or her income. Therefore, I cannot find fault with the MACA No. 1918/07 2 Tribunal for fixing the income at Rs.1,500/- and proceeding to decide the case. 4. The next question that arises for determination is regarding disability. Learned counsel had made available before me the disability certificate issued by PW2. At the outset it has to be stated that he is not the Doctor who had treated the claimant. The complaints noted are painful limbing, difficulty in squatting etc. The Doctor fixed the disability at 25%. Whether it is the disability of the whole body or a particular area is not noted. It is also not stated as to what is the methodology or under which scale the disability is calculated. The Tribunal took the disability at 12%. A perusal of the award would reveal that the accident had taken place in the year 2001 and the award was passed in 2006. The Tribunal has noted that even at the stage of evidence she was walking with the aid of a stick. The Tribunal also noted that she is finding it difficult to bear weight on her right leg. So this is a matter that directly deals with her capacity to work and therefore, I feel this is a fit case where the percentage of disability can be taken at a minimum 15% for calculating compensation. When it is done, the annual loss of earning would come to Rs.2,700/- which when multiplied by an appropriate multiplier of 13, it would come to Rs.35,100/-. Out of this, Rs.28,080/- has been awarded which means the claimant is entitled to an additional compensation of Rs.7,020/-. The lady is a poor vendor and still uses a stick to walk. This will affect not only her earing capacity but MACA No. 1918/07 3 also will cause problems to her as a house wife. Further there would be loss of amenities and enjoyment in life to her to a great extent. Taking into consideration all these aspects, I am inclined to enhance the compensation for loss of amenities and enjoyment in life by Rs.3,000/-. Thus the claimant will be entitled to an additional compensation of Rs.10,020/-, which I round as Rs.10,000/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.10,000/- with 7 % interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 1918/07 4