IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 MACA.No. 800 of 2003() -------------------------------- OPMV.1294/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT/PETITIONER -------------------------------------- L.SREEDEVI D/O.LAKSHMI KUTTY AMMA, VALLITHUNDIL, PALLIKKAL, NOORANADU P.O. BY ADV. SRI.RASHEED C.NOORANAD SRI.G.GOPAKUMAR (CHERTHALA) RESPONDENTS/ RESPONDENTS ---------------------------------------------- 1. THE MANAGING DIRECTOR, KSRTC, CHIEF OFFICE, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. K.P.GOPALAN S/O. PARAMESWARI, THANGIYIL VEEDU, NETTOOR, MARADU PANCHAYATH, ERNAKULAM. ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINLLY HEARD ON 05/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- M.A.C.A. No. 800 of 2003 --------------------------------------- Dated this the 5th day of November, 2008 Judgment Koshy,J. Appellant/Claimant sustained injuries in a motor accident. She filed an application for compensation claiming an amount of Rs.1,50,000/=. The Tribunal awarded only Rs.17,500/- after holding that second respondent driver of the bus owned by first respondent was negligent. The only dispute is regarding the quantum of compensation. As a result of the accident, she had Class II fracture of two teeth. She had continuous treatment in Medical College Hospital. In the absence of evidence, the Tribunal fixed notional income of Rs.1,250/- per month and found that she was unable to work for three months. The Tribunal did not award any compensation for permanent disability or for loss of earning power, but, Rs.3,000/- was awarded for reduction in the amenities. No amount was also awarded for replacement of teeth, but, Rs.1,000/- was awarded for medicines. She was aged 33 years at the time of accident. Loss of teeth will cause disfigurement unless it is replaced. Rs.1,250/- fixed as the monthly income is also very low. M.A.C.A.No.800/2003 2 The incident occurred in 1996. The services of a housewife to the house is not valueless and the Tribunal ought to have fixed at least Rs.2,000/- as monthly income and since Tribunal has assessed three months' income as loss of earning for the period of treatment, additional compensation payable will be Rs.2,250/- on that count. Considering the loss of teeth and for replacement of teeth etc. we are of the opinion that for loss of amenities, for loss of additional medical expenses and for loss of disability, she should be paid a consolidated amount of another Rs.5,000/-. Thus additional amount payable will be Rs.7,250/-. The above additional amount of Rs.7,250/- should be deposited by the first respondent with 7.5% interest from the date of application till its deposit over and above the amount decreed by the tribunal. The appeal is allowed partly. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.A.C.A.No.800/2003 3 M.A.C.A.No.800/2003 4 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.A.C.A.No.800/2003 ------------------------------------- Judgment Date:5th November,2008