IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 MACA.No. 180 of 2003() ---------------------- OPMV.1133/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP.(MV): -------------------------------------------------------- MALINI, W/O. DEPAK, KARIPARAMBIL HOUSE, KODAKARA P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS 1 TO 3 IN OP(MV): ----------------------------------------------------------------------------- 1. P.V.POULOSE, PULLAKKUDY HOUSE, KARIYOLIL, KOMBANAD, ERNAKULAM DISTRICT. 2. ELTHOSE S/O.VARGHESE, KALLARACKAL HOUSE, KARIYELIL, KOMBANAD, ERNAKULAM DISTRICT. 3. UNITED INDIA INSURANCE COMPANY, 1ST FLOOR, KAP COMMERCIAL CENTRE, R.S.ROAD, ALWAYE. R3 BY ADV. SMT.NARAYANIKUTTY CHETTOOR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & K.Hema, JJ. -------------------------------------- M.A.C.A. No.180 of 2003 --------------------------------------- Dated this the 20th day of February, 2008 Judgment Koshy,J. Appellant/Claimant sustained serious injuries in a motor accident due to the negligence of the driver of the vehicle insured by the third respondent insurance company against a claim of compensation of Rs.Three lakhs. Amount awarded was only Rs.1,35,000/- inclusive of reimbursement of medical expenses. Only quantum of compensation is disputed in this appeal. As a result of the accident, she sustained the following fractures and injuries as per the wound certificate and treatment certificate: "1. Dislocation right hip; 2. Fracture tibia right; 3. Compound comminuted fracture tibia left." Doctor certified that there is 29% disability. The disability certificate shows the following permanent disabilities: "1. Painful limping; 2. Limitation of flexion of 20o, extension of M.A.C.A.No. 180/2003 2 5o, abduction 10o, adduction 5o, rotation of 5o, of right hip due to partial ankylosis; 3. Mal-united fracture of right tibia with 10o anterior and medial angulation with tenderness at fracture site. 4. Mal-united fracture of tibia left 10o angulation tenderness at the fracture site with shortening of .5 c.m. of left leg." However, the tribunal fixed disability at 25%. According to her, she was a tailor by profession and was earning Rs.2,000/- per month. The accident occurred on 14.2.1996. The tribunal did not accept the contention that she was earning Rs.2,000/- per month from the tailoring profession. Even if she was only a house wife aged 45, services of the house wife cannot be under-estimated. In 1994 when second schedule was framed, Rs.1,250/- per month (Rs.15,000/- per annum) was fixed as notional income for a non- earning person including a minor. Taking all these circumstances, we fix the monthly income at Rs.1,500/-. If that be so, compensation payable for 25% disability will be Rs.67,500 (Rs.1500 x 12 x 25 x 15). The tribunal has awarded only Rs.45,000/- under 100 this head. So, an additional amount of Rs.22,500/- is payable under the above head. The tribunal found that due to the fractures, she needs support for walking and she will not be able to attend the M.A.C.A.No. 180/2003 3 household work as in the past. It was further found that she required help of others for walking and she cannot move around without the help of others. Even at the time of examination by the tribunal, she had swelling and knee of the leg cannot be flexed. Compensation granted under all other heads are examined. For actual loss of earning, tribunal has awarded Rs.6,000/=. She was unable to earn anything for six months, as she was under treatment for the above period. Since we have enhanced the monthly wages to Rs.1,500/-, she is entitled to Rs.3,000/- more on that count. Therefore, the appellant is entitled to an additional amount of Rs.25,500/- over and above the amount decreed by the tribunal. The third respondent insurance company is directed to deposit the above amount of Rs.25,500/- with 7.5% interest from the date of application till its deposit. On deposit of the amount, the appellant is entitled to withdraw the same. J.B.Koshy Judge K. Hema Judge vaa M.A.C.A.No. 180/2003 4 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.A.C.A. No. 180 of 2003 ------------------------------------- Judgment Dated:20th February, 2008