IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 MFA.No. 854 of 2000(B) ---------------------- OPMV.732/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT: PETITIONER: ----------- PADMAKSHY AMMA, D/O. KARTHIANI AMMA, MALAYAMKUMARATH HOUSE, KALLUVAZHY P.O., MURTHEDATHMADAM AMSOM, OTTAPALAM. BY ADV. SRI.T.M.SUNIL SMT.S.CHITHRA RESPONDENTS: RESPONDENTS: ------------- 1. SWAMINATHAN, S/O.VELAMI, KARUKAMBALAM, KIZHAKKUMPURAM, MANNUR P.O. 2. V.N.RAMAN EZHUTHASSAN, S/O.V.K.NARAYANAN EZHUTHASSAN, NARAYANA VIHAR, CHURAKKATTUKARA, AMALA NAGAR, TRICHUR. 3. NATIONAL INSURANCE CO. LTD., TRICHUR. BY ADV. SRI.MATHEWS JACOB (SR),SC INSURANCE THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 1-4-2008 , THE COURT ON 01/04/2008 DELIVERED THE FOLLOWING: J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.No.854 of 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of April, 2008 JUDGMENT Koshy, J. Appellant at the age of 50 sustained injuries in a motor accident occurred on 21-5-1995. The Tribunal found that the accident occurred due to the negligent driving of the driver of the vehicle insured by the 3rd respondent Insurance Company. But, awarded only an amount of Rs.38,550/- against a claim of Rs.3 lakhs. Only dispute is regarding the quantum of compensation. 2. Medical certificate issued by Lecturer in Orthopedics, Medical College Hospital, Trichur certified that there was 25% permanent disability. The disability certificate reads as follows:- “This is to certify that Mrs. Padmakshy Amma, 58 years, was admitted to this hospital on 21-5-95 with fracture ® Maxilla, compound fracture ® olecranon with dislocation of elbow, fracture head of radius, fracture medial epicondyle, trochlea, fracture shaft of ulna ® and ulnar nerve injury. She was treated with wound debridement, tension band wiring ® olecranon and above MFA 854/2000 -2- elbow pop slab and wiring for maxiller fracture by dental surgeon. She was discharged on 31-5-1995 and continued treatment as outpatient for about 3 months. She was readmitted on 24-2-96 for removal of TB wire and discharged on 29-2-1996. Today 4th September, 1996 I have examined Mrs. Padmakshy Amma and found physically handicapped due to old injury ® forearm and elbow. Her disabilities include:- 1. Irregular adherent scar over ® olecranon and medical aspect of ® elbow. 2. Painful limitation of ® elbow movements beyond 90 degree flexion and 30 degree extension 3. Cross limitation of fore-arm rotation ® 4. Clawing of ® hand with persistent ulnar nerve paralysis. 5. Stiff finger joints with weak grip ® hand and flexion deformity ® little finger. 6. Malocclusion of teeth. She is a ® handed person and this amounts to a temporary physical disability of 100% for initial 3 months of injury and a permanent physical disability of 25% as per Mc. Brides Schedule.” 3. Even though the Tribunal accepted the certificate, awarded compensation only Rs.15,000/- towards permanent disability. According to the claimant, she was a coolie and earing Rs.1,800/- per month. The MFA 854/2000 -3- Tribunal fixed only Rs.750/- per month. She was a house wife. The Honourable Supreme Court in Latha Wadhwa and others V. State of Bihar and others ((2001)8 SCC 197) held that even in the case of a house wife, Rs.3,000/- could be taken as the monthly income of the claimant considering her services to the family. On considering the facts and circumstances of the case and the fact that the accident occurred n 1995, we fix Rs.1,500/- as monthly income of the appellant. She was 50 years of age at the time of accident. Therefore, compensation payable taking guidance on the Second Schedule, 8 is an apt multiplier. So, compensation payable for disability is Rs.36,000/- (Rs.1,500 x 12 x 25/100 x 8 = 36,000). Tribunal awarded only Rs.15,000/-. Therefore, the appellant/claimant will be entitled to Rs.21,000/- more for disability and loss of earning capacity. 4. She was under treatment for three months. She was hospitalized for a period of 16 days. Tribunal granted an amount of Rs.2,250/-. Since we have increased the monthly income to Rs.1,500/- from Rs.750/-, she is entitled to additional amount of Rs.2,250/- towards loss of actual earnings. We find that compensation granted under other heads are reasonable. 5. In the circumstances, the appellant/claimant will be entitled to an additional amount of Rs.23,250/- over and above the amount granted by MFA 854/2000 -4- the Tribunal. The 3rd respondent Insurance Company is directed to deposit the above amount with 7.5 % interest per annum from the date of application till its deposit. On deposit of the above amount, the appellant is allowed to withdraw the same. The appeal is partly allowed. J.B. Koshy, Judge K. Hema, Judge mn. MFA 854/2000 -5- J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.No. 854 of 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 1st April, 2008