IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 MFA.No. 101 of 2003(C) -------------------------------- OPMV.516/1997 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/ PETITIONER: ------------------------------------- SUMATHY, W/O. VASU, MYLADUMPARA HOUSE, VILLOONNI P.O., ARPOOKARA. BY ADV. SRI.PAULY MATHEW MURICKEN RESPONDENTS: RESPONDENTS: ----------------------------------------------- 1. BIJU, S/O. RAMAKRISHNAN, CHENNAKKATTU HOUSE, KIZHAPARAYAR P.O., MEENACHIL TALUK. 2. ANDREWS SYRIAL, S/O. SYRIAL, EROLICKAL HOUSE, THEKKEMURI KARA, PULIYANNOOR VILLAGE. 3. ANCY JOHN, URPPATHU HOUSE, KOOTTICKAL P.O., KOTTICKAL. 4. THE NEW INDIA ASSURANCE COMPANY LIMITED, PALA. ADV. SMT.BINDUMOL JOSEPH FOR R2 SRI.THOMAS MATHEW NELLIMOOTTIL FOR R4 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.F.A. No. 101 of 2003 --------------------------------------- Dated this the 29th day of July, 2008 Judgment Koshy,J. Appellant/Claimant sustained injuries in a motor accident. He claimed a compensation of Rupees Two lakhs contending that the accident occurred due to the negligence of the driver of the vehicle insured by the fourth respondent insurance company. The tribunal found that the accident occurred as alleged and awarded only a compensation of Rs.61,740/-. The only dispute is regarding the quantum of compensation. The tribunal has taken only Rs.1,500/- as the monthly income. According to the claimant, he was a manual worker. He was aged 48 and maintaining a family. His case was that he was getting Rs.3,000/- per month. He produced a certificate from the panchayat also to that effect. The accident occurred in 1996. Apart from the coolie work, she was also doing her household work and household work cannot be underestimated. Even if she was getting only Rs.80/- per day and she may get 20 to 25 days' work in a month, she may earn at least Rs.2,000/- per month. Considering the very serious injuries, M.F.A.No. 101/2003 2 disability was assessed at 11% as per Ext.A13 disability certificate issued by the Medical College Hospital, Kottayam which was accepted by the tribunal. Tribunal has taken 18 as the multiplier. She was aged 48 at the time of accident. Taking guidance from the second schedule, only 13 can be the multiplier. Therefore, compensation payable will be Rs.2000 x 12 x 13 x 11 = 100 Rs.34320/-. Tribunal has awarded Rs.25,740/-. Therefore, additional amount payable for permanent disability and loss of earning power is Rs.8,580/-. She was treated as an inpatient for 32 days. The injuries were are as follows: "1. Extraction of skin from the knee of leg (R); 2. Crush injury (Rt.) bronchial at the elbow; 3. Comminuted inter-trochanteric fracture at femur; 4. Inflexicon wound in the forearm; 5. Constant headache due to hitting on the ground; 6. Numbness and swelling on the skin of the leg; 7. Incised wound 4 c.m. x 3 c.m. x 3 c.m. on the backside above loins." M.F.A.No. 101/2003 3 According to Ext.A5 wound certificate when the petitioner fell down, the back wheel of the bus ran over the right arm and thigh, crush injury at right elbow joint, right radial pulse not felt, pain and tenderness middle of right femur, fracture right femur. The tribunal has granted Rs.4,500/- for actual loss of earnings. Considering the fractures involved and nature of treatment including physiotherapy, we are of the opinion that at least for the treatment period of four months, she was unable to earn anything. Therefore, for actual loss of earning, she is entitled to Rs.8,000/-. After deducting Rs.4,500/- granted by the tribunal additional amount payable under this head is Rs.3,500/-. Medical expenses were reimbursed. Therefore, additional compensation payable will be Rs.12,080/-. The above amount should be deposited by the fourth respondent insurance company with 7.5 % interest from the date of application till its deposit over and above the amount decreed by the tribunal. On deposit of the amount, appellant is allowed to withdraw the same. J.B.Koshy Judge P.N.Ravindran Judge M.F.A.No. 101/2003 4 vaa M.F.A.No. 101/2003 5 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.F.A. No. 101 of 2003 ------------------------------------- Judgment Dated:29th July, 2008