IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 MFA.No. 363 of 2002 --------------------------- OPMV.273/1998 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................................. APPELLANT: PETITIONER ------------------------------------- VILASINI, AGED 40 YEARS, W/O. BHASKARAN, KURANGOL MALAYIL HOUSE, PANANGAD P.O., BALUSSERY(VIA), KOYILANDY, KOZHIKODE DISTRICT. BY ADV. SRI.G.D.PANICKER SMT.JEENA JOSEPH RESPONDENTS: RESPONDENT --------------------------------------------- 1. RAJU G.T., S/O.GOVINDAN,NADUVILEKANDI HOUSE, PANANGAD P.O., BALUSSERY(VIA), KOYILANDY, KOZHIKODE DISTRICT (OWNER). 2. FIZAL N.K., S/O.AHAMMED KOYA, NADUVILEKANDY HOUSE, PANANGAD P.O., KINALUR, DL.NO.939/96, BD NO.592/96 (DRIVER). 3. NATIONAL INSUANCE COMPANY LTD., BRANCH OFFICE, MAVOOR ROAD, CALICUT. ADV. SRI.P.JAYASANKAR -- R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.363 OF 2002 ----------------------------------------- Dated this the 8th day of January, 2008 JUDGMENT Koshy, J. Appellant-petitioner suffered serious injuries in a motor accident caused due to the negligence of the second respondent driver of the vehicle, insured by the third respondent Insurance Company. She claimed a compensation for Rs.2,50,000/-. The Tribunal has awarded only Rs.19,300/- with interest and cost. Only quantum of compensation is disputed in this appeal. No evidence regarding the income is produced. According to the petitioner, she was a kooli worker. Exhibit A2 wound certificate issued from the Medical College Hospital, Kozhikode would show that the petitioner sustained large multi directional scalp wound at about 12 to 15 cm length left side of head in a semi circular skull, tenderness left side of hand chest. Exhibit A3 is the reference card issued from the Medical College Hospital, Kozhikode which would show that the petitioner was admitted on 11.9.97 and was discharged on 20.9.97. It is also proved that the petitioner sustained severe laceration left side of scalp foll and fracture left sup public MFA.363/02 2 ramus. Exhibit A4 is the prescription issued by the doctor relating to his treatment. Exhibit A5 series 3 in number are the medical requisitions in respect of the petitioner. Even though there was fracture left sup pubic ramus, the Tribunal did not grant any compensation for loss of amenities, disability or loss of earning capacity. It is her case that due to the fracture, during the period of treatment, she was unable to do any work at all. But, in the absence of any data regarding the actual income earned by the petitioner and also regarding the exact percentage of disability, we award a lump sum compensation of Rs.10,000/- for disability, loss of earning power and loss of amenities in life together and Rs.3,000/- is awarded for the loss of actual earning for the period of treatment and additional medical expenses. Thus, additional amount of Rs. 13,000/- 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 amount decreed. On deposit of the above amount, the appellant is allowed to withdraw the same. The appeal is allowed, partly. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. MFA.363/02 3 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No.363 of 2002 ------------------------------ JUDGMENT 8.1.2008