IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 MFA.No. 552 of 2001 ----------------------------- O.P.(MV).NO.828/1998 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD. .................... APPELLANT /PETITIONER: -------------------------------------- * PARU ALIAS PARUKUTTY, W/O. LATE C. PAZHANIMALA, RESIDING AT PARUTHIKAVU, THATHAMANGALAM VLLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. ( *DIED). *ADDL.APPELLANTS 2 TO 5 IMPLEADED: 2. P. MOHANAN, S/O. PARU @ PARUKUTTY. 3. P. BALAN, S/O. PARU @ PARUKUTTY. 4. P. SIVAN, S/O. PARU @ PARUKUTTY. *ADDL. APPELLANTS 2 TO 4 ARE RESIDING AT PARUTHIKAVU VEEDU, EDAYAR THERUVU, THATHAMANGALAM, CHITTUR TALUK, PALAKKAD DISTRICT. 5. RUGMANI, D/O. PARU @ PARUKUTTY, RESIDING AT KAKKATHARA, KODUMBU, PALAKKAD. *LEGAL HEIRS OF THE DECEASED SOLE APPELLANT ARE IMPLEADED AS ADDL. APPELLANTS 2 TO 5 AS PER ORDER DATED 11/07/06 ON I.A. NO. 1216/06. BY ADV. SRI.V.CHITAMBARESH. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. P.K. MUKUNDAN, S/O. KUMARAN, RESIDING AT PUZHAKKADAVIL HOUSE, H. NO. 131/II, VALLIVATTAM POST, KONATHUKUNNU, THRISSUR. M.F.A. NO. 552/2001: 2. V. SASIDHARAN, S/O. BALAKRISHNAN, RESIDING AT VALLYATTU HOUSE, KODANNUR.P.O., THRISSUR. 3. ORIENTAL INSURANCE COMPANY LIMITED, P.B. NO. 27, MANAPPAT BUILDINGS, NORTH NADA, KODUNGALLUR, THRISSUR. ADV. SRI.ANCHAL C.VIJAYAN FOR R3. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 21/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B. KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.F.A.NO.552 OF 2001 --------------------------------------- Dated this the 21st day of July, 2008 J U D G M E N T Koshy,J. A 58 year old woman sustained injuries in a motor accident on 1.2.1977 at about 10 a.m. She applied for compensation. Tribunal found that accident occurred due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance company. Against a claim of Rs.3,50,000/-, only Rs.1,09,750/- was awarded by the tribunal. Only dispute is regarding the quantum of compensation. 2. After nine years of the accident, during the pendency of the appeal, appellant died and her legal representatives were impleaded as parties. Considering the age of the injured, tribunal has fixed 8 as the multiplier. We see no ground to disagree with the above. According to the claimants, she was a coolie worker getting Rs.2,000/- per MFA.552/01 2 month. She was a widow. According to the claimants, in the appeal memorandum, it is stated that she was getting Rs.60/- per day. At the time of accident, she was a coolie and claimed that she was getting Rs.60/- per day is not unreasonable. Tribunal has fixed only Rs.1,200/- as the monthly income. We fix Rs.1,500/- as the monthly income. 15% is the permanent disability certified by the Doctor and accepted by the tribunal. Therefore, compensation payable for permanent disability and loss of earning capacity will be Rs.21,600/- (Rs.1,500 x 12 x 15/100 x 8). Tribunal has granted an amount of Rs.17,280/- for disability and loss of earning capacity. Therefore, claimants are entitled to Rs.4,320/- more on this ground. Tribunal found that CT Scan report shows damage to the temporal bone and displaced fracture. Rs.10,000/- was awarded for pain and sufferings. All the medical expenses were reimbursed on the basis of the bills produced. We see no ground to interfere in other respects. Thus, the additional amount of Rs.4,320/- should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit over and above the decreed amount by the tribunal. On deposit of the above, the MFA.552/01 3 present appellants are entitled to withdraw the same in equal proportion. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp MFA.552/01 4 J.B. KOSHY & P.N.RAVINDRAN,JJ. ---------------------------------- MFA.552 OF 2001 ---------------------------------- J U D G M E N T 21st July, 2008