IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 MACA.No. 1549 of 2005() ----------------------- OPMV.1765/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/CLAIMANT -------------------------------- MOOLATHIL PATHUMMA, D/O.AYAMU HAJI, MOOLATHIL HOUSE, PULAMANTHOLE AMSOM, PALOOR DESOM, PULAMANTHOLE, MALAPPURAM DISTRICT. BY ADV. SRI.M.P.PRAKASH RESPONDENT(S): RESPONDENTS --------------- 1. KIZHAKKUMPATTU RARICHAN NAIR, S/O.ACHUTHAN NAIR, KIZHAKKUMPATTU HOUSE, PULAMANTHOLE AMSOM, PALOOR DESOM, PULAMANTHOLE P.O., MALAPPURAM DISTRICT(OWNER CUM DRIVER). 2. UNITED INDIA INSURANCE CO.LTD., PERINTHALMANNA, MALAPPURAM DISTRICT. ADV. SRI.P.R.RAMACHANDRA MENON FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.1549 of 2005 -------------------------------------- Dated this the 2nd day of December, 2008. JUDGMENT Thomas P.Joseph, J. Appellant, a coolie by occupation and aged 50 years at the relevant time met with a motor accident involving the car driven by the first respondent and insured with the second respondent, on 5.5.2000 and sustained injuries. Alleging that the accident occurred due to the rashness and negligence of the first respondent, she claimed compensation from the respondents. Tribunal awarded Rs.25,595/- as compensation. Appellant, claiming enhanced compensation has preferred this appeal. 2. Heard counsel for the appellant and contesting respondent. 3. Point for consideration is whether the appellant is entitled to get enhanced compensation. 4. Perused the relevant records. 5. The Point. Appellant suffered the following injuries:- MACA No.1549/2005 2 i. Head injury. ii. Brain Odema. iii. Fracture of neck of femur. iv. Saeralisation of L5 and other injuries to spine. v. Lacerated bone deep wound occipital region of scalp. vi. Multiple injuries. Appellant produced certificate to show that she has 5% disability. Tribunal observed that there is no proof of income and awarded a total sum of Rs.25,595/- as compensation made up of Rs.700/- for transportation, Rs.5,145/- for medical expenses, Rs.10,000/- for pain and suffering and Rs.9,750/- for disability and loss of earning power taking 5 as the percentage of disability, 13 as the multiplier and Rs.15,000/- as the notional income per year. It is contended by the learned counsel that compensation awarded is low. 6. Considering the age and occupation of the appellant and also taking into account the wages payable to unskilled labourers in Kerala during the relevant time, though she was not able to produce documentary evidence in support of her claim, we are inclined to think that atleast Rs.2,000/- should have MACA No.1549/2005 3 been taken as the monthly income. Considering the nature of injuries suffered by the appellant and the prolonged treatment, it is possible that she was not able to work for four months which resulted in loss of earnings. Hence, appellant is entitled to get Rs.8,000/- (Rs.2,000x4) as compensation for loss of earnings. We stated that Tribunal awarded compensation for disability taking notional income at Rs.15,000/- per annum. In view of our finding that the monthly income of the appellant was Rs.2,000/- at the time of accident, she is entitled to get compensation for disability and loss of earning power on that basis which brings the amount payable to the appellant to Rs.15,600/- [(Rs.24,000x13x5)/100], and less Rs.9,750/- already awarded by the Tribunal, additional compensation payable on that count is Rs.5,850/-. 7. Tribunal has not awarded compensation for loss of enjoyment of amenities of life. Permanent disability of 5% will affect the enjoyment of amenities of life. Hence, considering all relevant aspects, a sum of Rs.2,000/- is awarded on that count. 8. Though it is contended by learned counsel for appellant that compensation awarded on other counts are also low, considering the facts and circumstances of the case, all relevant factors and also taking into account the total amount to which appellant is found entitled, we are unable to entertain that contention. Thus, the additional compensation payable to the appellant is Rs.15,850/-. That amount will carry interest at the rate of 7.5% per annum. MACA No.1549/2005 4 Resultantly, this appeal is allowed in part. Over and above the compensation awarded by the Tribunal, appellant is allowed to realize a further sum of Rs.15,850/- (Rupees Fifteen thousand Eight hundred and fifty only) with 7.5% interest per annum from the date of application till realization from respondents 1 and 2, jointly and severally. Second respondent being the insurer of the vehicle is directed to deposit the said amount in the Tribunal. On such deposit, appellant is permitted to withdraw the same. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks