IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 MACA.No. 596 of 2006() ---------------------- OPMV.70/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): APPELLANT-PETITIONER: ----------------------------------- REENA, ETTATHODU HOUSE, PAIKA P.O., POOVARANY. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENT(S): RESPONDENTS: --------------------------- 1. LAIJU, PARAYIL HOUSE, BHARANANGANAM. 2. MUSTHAFA, MUTTATHUNNEL HOUSE, SASTHAMPARA, MUTHALAKODAM P.O. 3. THE MANAGER, ORIENTAL INSURANCE CO. LTD., THODUPUZHA. ADV. SRI.T.J.MICHAEL FOR R2 SRI.P.NOOR SEMIR FOR R2 SRI.S.MAMMU FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.596 of 2006 -------------------------------------- Dated this the 10th day of November, 2008. JUDGMENT Koshy, J. The appellant/claimant sustained injuries in a motor vehicle accident. Though the Tribunal found that accident occurred due to the negligence of the driver of the lorry owned by the second respondent and insured by the third respondent, compensation awarded was only Rs.34,036/- against a claim of Rs. one lakh. The only dispute is in regard to the inadequacy of compensation awarded. As far as the injuries are concerned, Tribunal found that - “...she sustained avulsion fracture of tibial spine ® at the tibial plataeu producing haemarthrosis. She also sustained contusion with haematoma (L) leg. She was treated with POP.L.L.slab, followed by (R) leg cylinder cast. She was discharged on 14.5.2001, after treatment. These documents indicate that the petitioner sustained grave injuries in the accident. Ext.A10 is the disability certificate issued by retired Orthopaedic surgeon of General hospital, Pala. As per the disability certificate, petitioner had complained of pain in MACA No.596/2006 2 the right knee joint. On examination, there was post traumatic arthritis of (R) knee joint. The disability according to the doctor is 5%”. But, being a house wife, Tribunal found that there is no necessity for granting compensation for disability and loss of earning power as she has not lost any earnings. But, it has been repeatedly held by the Supreme Court that the service rendered by the house wife is not valueless (see Lata Wadhwa and others v. State of Bihar and others ((2001) 8 SCC 197). Tribunal fixed Rs.2,000/- as the notional monthly income of the appellant and awarded Rs.6,000/- for compensation for loss of earning for three months. The disability as per the Ext.P10 is 5%. Since the appellant was aged 26 years, as per II schedule the multiplier is 18 and since the Tribunal fixed Rs.2,000/- as the notional monthly income of the appellant, for 5% disability the compensation payable will be Rs.21.600/- [(2,000 x 12 x 5 x 18)/100]. It is contended that only the actual medical bills were reimbursed even though there were many expenses not covered by bills and only Rs.500/- was granted towards by-standers expenses. It is further contended that compensation awarded on all other heads are very meagre. But considering the total compensation awarded we are not enhancing the compensation granted under other heads. MACA No.596/2006 3 2. The appellant is entitled to get an additional compensation of Rs.21,600/- towards compensation for disability. The said amount should be deposited by the third respondent Insurance Company with interest at the rate of 7.5% per annum from the date of application till the date of deposit over and above the compensation awarded by the Tribunal. On deposit of the same, appellant is allowed to withdraw the same. The appeal is partly allowed as above. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks