IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 MACA.No. 1091 of 2010() ----------------------- (O.P.(MV)NO.1342/2003 OF MACT, THRISSUR) APPELLANT(S): CLAIMANT ---------------------- VIJAYAKUMARI, W/O. VIJAYAN, RESIDING AT MEPPURATH HOUSE, P.O.KOORKKENCHERY, THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE ADV.SRI.T.C.SURESH MENON SRI.JIBU P. THOMAS SRI.P.S.APPU SRI.NIMOD A.R. SRI.C.A.ANOOP RESPONDENT(S): RESPONDENTS --------------- 1. T.P.JOHNSON, S/O. PAULOSE, RESIDING AT THERATTIL HOUSE, CAICO ROAD, CHIYYARAM, THRISSUR DISTRICT. 2. THE UNITED INDIA INSURANCE COMPANY LID. SIMIS COMPLEX, KURUPPAM ROAD, THRISSUR. ADV. SRI.P.K.MANOJKUMAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1091 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2010 JUDGMENT Basheer, J. Appellant, who is admittedly a house wife, suffered “comminuted compound fracture both bone left leg” in a road traffic accident that occurred on March 8, 2003. The Tribunal awarded a sum of Rs.1,03,000/- towards compensation as against the claim of Rs. 1,50,000/- made by the appellant. 2. The Tribunal reckoned the monthly income of the appellant as Rs. 2,500/- and applied a multiplier of 15 and disability of 10% to calculate the compensation payable under the head of disability. Learned counsel for the appellant contends that the Tribunal committed serious illegality in taking the monthly income of the appellant as Rs.2,500/-. It is pointed out by the learned counsel that the Apex Court in a very recent judgment in Arun Kumar Agrawal & Another v. National Insurance Company & others reported in CDJ 2010 SC 617 has yet again reiterated that the notional income of a non-earning MACA.No.1091/2010 2 person especially that of a house wife has to be reckoned as Rs. 3,000/-. 3. We have carefully perused the materials made available before us like wound certificate, disability certificate, discharge summary etc. We have heard learned counsel for the Insurance Company also. Having regard to the entire facts and circumstances, we are satisfied that there is some force in the contention raised by the appellant in this regard. Therefore, the compensation payable to the appellant under the head of disability shall be reworked adopting the monthly income of the appellant as Rs. 3,000/- instead of Rs. 2,500/-. The compensation thus calculated will come to Rs. 54,000/- ( 10% x 3000 x 12 x 15). That means, the appellant will be entitled to get an additional compensation of Rs. 9,000/-. To that extent, the award is modified. The appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1091/2010 2 MACA.No.1091/2010 2