IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 MACA.No. 1631 of 2004(C) ----------------------- OPMV.1053/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- PONNAMMA, W/O. BABY, PLAVILA VEEDU, CHATHADY, CHENGAMANADU P.O., MELILA VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.MANOJ RAMASWAMY RESPONDENT(S): RESPONDENTS: --------------------------- 1. SAJEEV, S/O. RAVEENDRAN, CHARUVILA VEEDU, BHARATHIPURAM P.O.,KULATHUPUZHA. 2. SOMARAJAN PILLAI, S/O. GOPALA PILLAI, THEKKEDATHU VEEDU, MATHRA P.O., PUNALUR. 3. THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LTD., PULIMOOTTIL BUILDING, PUNALUR. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. NO: 1631 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th Day of August, 2009. JUDGMENT K. M. Joseph J. The appellant, a teacher by profession, aged 40 years met with an accident resulting in serious injuries caused to her and she filed a petition filed under Section 166 of the Motor Vehicles Act. The Tribunal has awarded a total compensation of Rs.54,304/- against a claim of Rs.1,50,000/-. Aggrieved by the quantum of compensation, this appeal is filed. 2. Heard the learned counsel for the appellant and the learned counsel for the third respondent Insurance Company. 3. Learned counsel for the appellant would contend that in calculating the compensation, only the basic pay has been taken. The M.A.C.A . NO: 1631 OF 2004 :2: net salary of the appellant is Rs.6,700/- and only Rs.5,125/- is taken, which is the the basic pay. She further complains that the disability shown in the disability certificate is 9%, but only 5% is taken by the Tribunal. Towards pain and suffering Rs.5,000/- is awarded, against the claim of Rs.33,000/-. Towards loss of amenities, the appellant is awarded only Rs.18,000/- 4. Learned counsel for the Insurance Company supported the award. He would also point out that having regard to the nature of the injuries, which is fracture of the lower thumb of (L) humerous with radial N palsy and the period of hospitalisation, there is no scope for any further enhancement. 5. Admittedly, the appellant is a teacher in an aided school and rejoined duty after the recovery. There is no warrant for any compensation on the basis that the injury has resulted in her being disabled from working and earning her income. She joined duty and she can continue to work and earn salary till her retirement. The M.A.C.A . NO: 1631 OF 2004 :3: Tribunal actually awarded Rs.18,000/- applying multiplier method. If disability compensation worked out with multiplier 8, the amount of compensation will be Rs.14,400/-. As already noted, the Tribunal has worked out amount of compensation at Rs.18,000/-. No doubt we notice that the certificate issued by Orthopaedics Department of Directorate of Medical Education, Trivandrum would show that the appellant had: “1.The fracture has united with excessive callus 2. Puckered scra 20 cm long over the posterior aspect of (L) arm 3. Loss of 10% of flexion of (L) elbow 4. Weakness of (L) radial N with only Gr.IV power of wrist finger extensors.” 6. We also feel that the amount awarded towards pain and suffering of Rs.5,000/- is on the lower side. Having regard to the facts, we feel that we should award a further amount of Rs.12,000/- more under these heads. 7. Accordingly, this appeal is allowed and the appellant is allowed to realise a sum of Rs.12,000/- along with interest at 7.5% M.A.C.A . NO: 1631 OF 2004 :4: interest from the date of petition till the date of realisation from the respondents. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/