IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 MFA.No. 1125 of 2002() ---------------------- OPMV.720/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: PETITIONER: ----------------------------------- VILASINI, W/O. MEKKADAN MANI, AGED 65 YEARS, VELLIKULANGARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS: RESPONDENTS: ------------------------- 1. SHAJI, S/O. NEETTINGARA VARGHES, AGED 33 YEARS, VELLIKULANGARA, MONADY DESOM, MUKUNAPURAM TALUK, THRISSUR DISTRICT. 2. K.A. VARGHESE, S/O. ABRAHAM, KUNAMMATH HOUSE, VELLIKULANGARA, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 3. THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO.LTD., ANGAMALY. BY ADV. SRI.ANCHAL C.VIJAYAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.M.JOSEPH, JJ. ------------------------------------------- M.F.A.NO.1125 OF 2002 ------------------------------------------- Dated this the 15th day of January, 2008 JUDGMENT Koshy, J. The appellant claimant met with an accident at the age of 59. She claimed Rs.1,25,000/- as compensation. It is contended that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company. Even though the Tribunal accepted those contentions, awarded only Rs.33,000/- as compensation. Only dispute is regarding the quantum of compensation. Ext. A12 is the wound certificate and Ext. A13 is the discharge certificate. It shows the following injuries. (1) Fracture right zygoma (2) Fracture neck of left scapula and fracture nasal bone. (3) Fracture right ulna. (4) Lacerated wound right tempero-parietal area 3.5x3x2 cm. (5) Lacerated wound lateral to right eye (6) Lacerated wound over middle of nose 1.5x0.5x0.5 cm. (7) Bleeding into right eye. (8) Multiple abrasions. MFA NO.1125/2002 2 The petitioner was treated with elevation of zygomatic bone and conservative management for other injuries. Ext.A14 is the disability certificate, issued by an Orthopedic surgeon, who has certified 13% disability. She has complaints of pain and stiffness of left shoulder and she is unable to do any routine work. The doctor has also certified that she has recurrent head ache and giddiness. He also compelled out the following permanent disabilities: (1) Depression of skull bone over right temporal region. (2) Scar of surgery over right temporal region with drooping of right eye lid. (3) Periarthritis of left shoulder joint. The doctor who was examined as PW7 issued Ext.A14 certificate and proved the same. The accident occurred at the age of 59. Considering the age and disability, we are of the view that the Tribunal went wrong in fixing the disability at 8% and the Tribunal ought to have granted compensation for 13% disability as certified by the doctor. The Tribunal fixed the monthly income as Rs.1,000/-. There was no evidence to show that she was an earning member. Anyway, she was a house wife. She MFA NO.1125/2002 3 claimed that she is an agricultural labourer. According to her, as an agricultural labourer, it will be difficult for her to carry weight on the head. Under 2nd schedule, even a non-earning person's notional income is fixed as Rs.15,000/- per annum (Rs.1,250/- per month). Hence, we fix Rs.1,250/- as the monthly income. Considering the age of the claimant, multiplier fixed by the Tribunal as per the second schedule is 8. If that be so, compensation for permanent disability and loss of earning capacity will be Rs.15,600/- (15,000x13/100x8=Rs.15,600/-). The Tribunal has granted Rs.7,700/- towards loss of earning power. So claimant is entitled to an additional amount of Rs.7,900/- towards of loss of earning power and disability. For loss of earnings for six months Tribunal has granted Rs.6,000/- taking Rs.1,000/- as the monthly income. Since we have increased the monthly income to Rs.1,250/-, she will be entitled to another Rs.1,500/- on that head. For pain and sufferings even though there were three fractures, only Rs.6,000/- was granted. We are of the opinion that an additional amount of Rs.4,000/- can be granted on that count. Thus claimant is entitled for an additional amount of Rs.13,400/- more than that is awarded by MFA NO.1125/2002 4 the Tribunal. The above additional amount of Rs.13,400/- should be deposited by the third respondent insurance company with 7.5% interest from the date of application till the date of deposit over and above the decreed amount by the Tribunal. On deposit of the above amount, the appellant is allowed to withdraw the same. The appeal is allowed to the above extent. J.B.KOSHY, JUDGE K.M.JOSEPH, JUDGE csl