IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 MACA.No. 1320 of 2006 C ----------------------- OPMV.246/2002 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): PETITIONER. ----------------------------------------- IQBAL K., S/O. MOIN, KOONATH HOUSE, CHULLIYODE P.O., BATHERY TALUK, WAYANAD DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): RESPONDET NO.3. ----------------------------------------------------- THE BRANCH MANAGER, ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE, PRAMOD BUILDINGS, IIND FLOOR, CHEROOTY ROAD, CALICUT. ADV. SRI.V.P.K. PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. -------------------------------------------------- M.A.C.A. NO. 1320 OF 2006 C --------------------------------------------------- Dated this the 2nd July, 2009 JUDGMENT K.M. Joseph, J. We heard the learned counsel for the appellant and the learned counsel for the respondent Insurance Company. Even though the matter is coming up in the petition list, by consent of both parties, the matter is disposed of. 2. Appellant is the claimant in a petition filed under Section 166 of the Motor Vehicles Act. The tribunal has awarded a total sum of Rs.66,500/=. This Appeal is directed against the quantum. 3. Learned counsel for the appellant would submit that the income fixed by the tribunal at Rs.1,500/= per month is highly inadequate. The appellant has given evidence, it is pointed out, and the evidence showed that it could be fixed at a much higher MACA.1320/06 C 2 level. Learned counsel for the appellant further submits that the Supreme Court has held that even in respect of a house wife, the income can be taken at Rs.3,000/= per month. Here, there is some oral evidence also. The accident took place in the year 2002. Therefore, we can safely fix the income at Rs.2,000/= per month. This means that the appellant will be entitled to Rs.1,500/= more towards loss of earning. Further, on the said basis, the appellant will be entitled to Rs.16,500/= more for disability. This is a case where the injury suffered by the appellant is type I compound fracture of both bones of the right leg. We also notice that no amount is awarded towards loss of amenities. We award Rs.5,000/= towards loss of amenities. We would think that the appellant can be awarded a sum of Rs.5,000/= more towards pain and suffering, in view of the nature of the injuries. Accordingly, the Appeal is partly allowed and the appellant is allowed to realise Rs.28,000/= MACA.1320/06 C 3 from the respondent with 7.5 per cent interest from the date of the petition till the date of realisation. Sd/= K.M. JOSEPH, JUDGE Sd/= M. L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge