IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 MACA.No. 140 of 2008() ---------------------- OPMV.3458/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER IN OPMV: --------------------------------- K.B.INDIRA, ASSISTANT MANAGER, QUALITY ASSURANCE, UDYOGAMANDAL DIVISION, FACT PIN 683 501. AGED 64 YEARS,W/O.SRI.K.R.RAMACHANDRAN NAIR, HOUSE NO. XXII/232, MONTISSERY LANE, INDIVARAM, KOCHI UNIVERSITY POST, THRIKKAKARA SOUTH. BY ADV. SRI.T.K.RADHAKRISHNAN SMT.K.L.SREEDEVI RESPONDENT(S): RESPONDENTS IN OPMV: ----------------------------------- 1. C.VIJAYAKUMARI, W/O.SRI.KAMALASANAN, SUBASH NIVAS, CHANTHAMULA, MALAYINKEEZHU P.O., THIRUVANANTHAPURAM DISTRICT. 2. SOMAN.K.,AGED 48, S/O.SRI.G.KUTTAN, KUNNIL HOUSE, KARINGAL, KANDOLA P.O., NEYYATTINKARA, KUMARANALLUR, THIRUVANANTHAPURAM DT 3. THE UNITED INDIA INSURANCE CO. LTD., NEYYATTINKARA BRANCH, NEYYATTINKARA, THIRUVANANTHAPURAM DIST. 4. THE NEW INDIA ASSURANCE CO. LTD. 1ST FLOOR, PAULSON BUILDING, SOUTH KALAMASSERY, KOCHI 682 022. ADV. SRI.JOHN JOSEPH VETTIKAD FOR R3 SRI.RAJAN P.KALIYATH FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 140 OF 2008 -------------------------------------------- Dated this the 17th day of July, 2009 JUDGMENT Abdul Rehim, J. Claimant in O.P.(MV) No. 3458 of 1999 on the files of the Motor Accidents Claims Tribunal, Ernakulam, is the appellant. She sustained injuries while travelling in a car driven by her husband, when collided with a lorry. The appellant sustained bimalleolar fracture on the right hand, fracture of centrl incisor, lacerated wound, and contusion on right eye, and other minor injuries. She was treated at NSS Medical Mission Hospital, Pandalam as inpatient for two spells, from 16.4.1999 t0 23.4.1999 and from 18.5.1999 to 13.6.1999. Ext.A23 is the disability certificate produced in which it is certified that the appellant is suffering from restriction of movement of right ankle with early osteorthritic changes. The disability is assessed at 20%. The appellant was working as Asst. Manager in FACT and was drawing a monthly salary at the rate of Rs. 14,280/- as evidenced by Ext.A25 certificate. Ext.A24 certificate revealed that she took medical leave and casual leave from 16.4.1999 to 31.7.1999 and from 2.8.1999 to 7.8.1999, totaling to 113 days. 2 2. Counsel for the appellant contended that inspite of specific certificate produced showing the extent of the leave taken by the appellant, the Tribunal computed loss of earning only at Rs. 10,500/-. It is also contended that inspite of production of disability certificate, the Tribunal had not granted any amount towards compensation for continuing permanent disability, on the other hand, granted an amount of Rs. 4,000/- only towards discomfort and inconvenience. It is also contended that the claim with respect to compensation for pain and suffering was not allowed. 3. Since it is evident from Ext.A24 certificate that the appellant took long leave, we are inclined to hold that she is entitled to be compensated for the loss of earning, calculated at least for a period of four months. Accordingly, we refix the compensation under the head "loss of earning" at Rs. 56,000/- which will entitle her for an additional sum of Rs. 45,500/- (Rs. 56,000/- - Rs.10,500/-). Eventhough the doctor who had issued Ext.A23 disability certificate was not examined, it is evident from the nature of injuries and the contents of the certificate that the appellant had persistent disability resulted out of the injuries. But it is evident that such disability has not affected her career and she continued in employment. Under such circumstances 3 compensation can be computed only on considering the diminished future prospects for re-employment after retirement. However, the appellant has to continue rest of her life with the disability persistent. Therefore we feel that it is only just and proper to award an amount of Rs. 30,000/- as compensation towards continuing permanent disability. With respect to the loss of amenities and enjoyment in life, we feel it only just and proper to substitute the award of Rs. 4000/- with Rs. 10,000/- as compensation which will entitled the appellant to receive a sum of Rs. 6000/- (Rs. 10000/- - Rs.4000/-). Accordingly, the appellant is entitled for enhancement of the total compensation by Rs. 81,500/- (Rs.45,500/- + Rs. 30,000/- +Rs.6,000/-). In the result, the appeal is partly allowed enhancing the total compensation of Rs. 32,500/- awarded by the Tribunal by a further sum of Rs. 81,500/-, which will carry interest at the rate of 7.5% per annum from the date of the claim petition till payment. The third respondent- insurance company is directed to make payment of the amount within three months. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) kk Judge. 4