IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 MACA.No. 147 of 2003() --------------------------------- OPMV.4004/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/CLAIMANT ------------------- A.S.MINI, D/O. SAKTHIDHARAN, ASSARIPARAMBU, NEERIKODE P.O., PIN-683 511. BY ADV. SRI.K.JANARDHANAN RESPONDENTS: RESPONDENTS I ------------------------- 1. MR.V.M.NOUSHAD, NAZEEM MANZIL, WEST VELIYATHUNADU P.O., ALUVA. 2. MR.RAJESH, VELUTHADUPARAMBIL, KEDAMANGALAM DESOM, NORTH PARUR. 3. THE ORIENTAL INSURANCE CO. LTD., MATTANCHERRY. BY ADV. SRI.M.JACOB MURICKAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B. Koshy & K.Hema, JJ. -------------------------------------- M.A.C.A. No.147 of 2003 --------------------------------------- Dated this the 17th day of January, 2008 Judgment Koshy,J. The claimant, at the age of 22, sustained serious injuries in a motor accident due to the negligence of the driver of the vehicle insured by the third respondent insurance company. An amount of Rs. One lakh was claimed as compensation. But, the tribunal awarded only Rs.23,500/-. The only dispute in this appeal is regarding the quantum of compensation awarded. 2. Disability certificate produced would show that he has got 15% disability. The certificate reads as follows: "This is to certify that Mini A.S. aged 25, D/o.Sakthidaran, Asariparambu, Neericode, Alengadu whose signature is given above has been examined. She had alleged R.T.A. on 27.12.1995 and sustained intra artecular fracture (R) distal radius, fracture Lt. condyle of (L) tibia and (L) radial stycoid. Now, she complains of deformity of (R) wrist joint. On examination:- There is deformity of (R) wrist. Supination and pronation of (R) forearm is normal. The dorsiflexion and plantar flexion of right wrist joint is restricted. M.F.A.No.147/2003 2 The permanent perpal disability is 15% (fifteen percentage). Before giving the certificate, I have verified the treatment certificate from Ernakulam Medical Centre." The tribunal considered the certificate, but, did not award any compensation for permanent disability and loss of earning power even though Rs.3,000/- was awarded for loss of amenities. According to the appellant, she was a tailor by profession and the injuries sustained by her affected her earning capacity. According to her, she was working in an Embroidery Centre at Ernakulam and was drawing Rs.2,500/- per month. Ext.A7 salary certificate was also produced. The tribunal did not accept the same. Since the salary certificate was not produced, the tribunal did not accept that she was earning Rs.2,500/- per month. We are of the opinion that at least Rs.1,500/- ought to have been accepted as the monthly income of the 22 year old girl. The medical board has certified 15% disability. There is no reason why compensation should not be allowed for 15% disability and for loss of earning power. Taking guidance from the second schedule, the multiplier can be fixed at 17. If that be so, the compensation payable will be Rs.1,500 x 12 x 15 x 17 = Rs.45,900/-. Considering Ext.A4 certificate, the tribunal 100 M.F.A.No.147/2003 3 found that she was under rest and treatment for four months. The certificate further shows that closed reduction and POP cast was done and, therefore, she was unable to do any work for three months and she is entitled to get Rs.4,500/- towards of loss of earning. We are of the opinion that compensation under other heads are granted in a just and reasonable manner. Therefore, additional compensation payable will be Rs.50,400/- over and above the amount decreed by the tribunal. The above additional amount of Rs.50,400/- should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit. On deposit of the above amount, the appellant is allowed to withdraw the same. J.B.Koshy Judge K. Hema Judge vaa M.F.A.No.147/2003 4 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.A.C.A. No. 147 of 2003 ------------------------------------- Judgment Dated:17th January, 2008