IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 MFA.No. 486 of 2001(B) ---------------------- OPMV.176/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT: ----------------- RATNAVALLY AMMA, AGED 57 YEARS, W/O.VELAYUDHAN NAIR, CHALAKKOTTU KANNAYIL HOUSE, THATTAMPADI P.O. EDAPPAL, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: --------------------- 1. V.R.SADAS, S/O.RAMU, VIYYATHU HOUSE, MARATHAKKARA POST, OLLUR, THRISSUR DISTRICT. 2. P.P.RAGHAVAN, PANAMBALA HOUSE POST MARATHAKKARA, THRISSUR. 3. NEW INDIA ASSURANCE CO. LTD. REPRESENTED BY DIVISIONAL MANAGER, DIVISIONAL OFFICE, MALAPPURAM. (INSURER OF THE VEHICLE BEARING REGN. NO.KLI/5051). BY ADV. SRI.A.C.DEVY THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.486 of 2001 ----------------------------------------- Dated this the 31st day of March, 2008 JUDGMENT Koshy, J. Appellant-petitioner sustained serious injuries in a motor accident on 8.1.1997. She approached the Tribunal for compensation, contending that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent Insurance Company. Against a claim of Rs.1,50,000/-, total amount awarded by the Tribunal was only Rs.28,250/-. The medical bills produced was for more than Rs.40,000/-. The Tribunal awarded compensation as follows: “Loss of earning : Rs. 4,000/- Transport to hospital : Rs. 500/- Extra nourishment : Rs. 600/- Bystander's expenses : Rs. 450/- Damage to clothing : Rs. 200/- Medical Expenses : Rs.15,000/- Pain and suffering : Rs. 7,500/-” It is her contention that she is a kooli worker earning Rs.100/- per day. She is aged 55. No compensation was awarded for disability and also for loss of earning power and loss of amenities. The accident occurred at the age of 55 and the injuries suffered would certainly affect her amenities to life. Even the service of house-wife MFA.486/01 2 also cannot be ignored. As a result of the accident, there was a fracture of cordulal shaft right parietal bone as can be seen from the medical certificate produced. According to the petitioner, there is no malunion. Since the accident occurred at the age of 55, we are of opinion that Rs.15,000/- awarded for medical expenses requires no change. We award Rs.10,000/- for pain and suffering, instead of Rs.7,500/- as awarded by the Tribunal. Therefore, additional amount for pain and suffering is Rs.2,500/-. In the absence of data, loss of monthly income cannot be calculated on multiplier method. But, we award Rs.10,000/- for loss of amenities, loss of earning power and consequences of disability. Hence, the petitioner is entitled to Rs.12,500/- as additional compensation, over and above the amount awarded by the Tribunal. The additional amount of Rs.12,500/- should be deposited by the third respondent Insurance Company with 7.5% interest from the date of application till the date of deposit. On deposit of the amount, the appellant is allowed to withdraw the same. The appeal is allowed, partly. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. MFA.486/01 3 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No. 486 of 2001 ------------------------------ JUDGMENT 31.3.2008