IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 MACA.No. 938 of 2005() ---------------------- OPMV.245/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): --------------------------------------------- SARA THOMAS, W/O. THOMAS, CHITTADY HOUSE, VELOOPPADAM P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS 1 TO 3 IN OP(MV): -------------------------------------------- 1. PAMPAVASAN, S/O. PRABHAKARAN, MACHIRA HOUSE, MANALI, THRISSUR. 2. JOHNSON, S/O. KUNJIPALU, PIDIYATH HOSUE, NEAR KANOLIPPALAM, NENMANIKKARA. 3. BRANCH MANAGER, THE ORIENTAL INSURANCE, KUNNAMKULAM. ADV. SRI.T.R.RAJAN FOR R1&R2 SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No.938 of 2005 -------------------------------------- Dated this the 23rd day of July, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. 1. Appellant is the claimant before the Tribunal. She sustained injuries while travelling in an Autorikshaw which was hit by Bus. The appellant sustained fracture of 3rd, 4th and 5th Meta Carpal bones, with injury to tendon and loss of bones along with fracture of right index finger and other lacerations and abrasions on various other parts of the body. She was treated as inpatient for 18 days in the hospital and thereafter continued treatment as outpatient for quite a long period. The injury sustained had resulted in persistent disability which is assessed by PW1 Doctor who issued Ext.A1 certificate, as 30%. The appellant claimed that she was aged 34 at the time of accident and she was a 'Rubber Tapper' by profession. It is claimed that the appellant was getting a monthly income @ Rs.3,000/- during the time of accident. The Tribunal adopted 20% permanent disability and took notional income at the rate of Rs.1500/- per month for the purpose of computing compensation for MACA.938/05 2 permanent disability and loss of earning power. According to the appellant the amount fixed in this regard is highly unrealistic and too inadequate. It is also contended that various amounts awarded under different other heads are also on the lower side. Further contention is that 6% interest awarded by the Tribunal is highly inadequate. 2. Considering the entire facts and circumstances of the case and evidence on record we feel that the total compensation awarded by the Tribunal is on the lower side. Fixation of the notional income at Rs.1500/- is not a realistic approach. Considering the fact that the statement of the appellant in the first information report itself is to the effect that she is a 'Rubber Tapper', we are inclined to accept her occupation as claimed. Hence we are inclined to re-fix the monthly income at Rs.2000/- for the purpose of computation. Accordingly the compensation for permanent disability is to be re-worked to Rs.81,600/-, which will entitle the appellant for an additional amount of Rs.20,400/- under that count. The amount of Rs.5000/- allowed as compensation for loss of amenities and enjoyment of life need be re-fixed at Rs.10000/-. This will entitle the appellant for an additional sum of Rs.5000/- under that head. Having re-fixed the monthly income at Rs.2000/- the appellant is entitled for MACA.938/05 3 additional sum of Rs.2000/- towards loss of earning for a period of 4 months. Thus the appellant is entitled for a total enhancement of the compensation by an amount of Rs.27,400/-. We are inclined to increase the rate of interest from 6% to 7.5%. 3. In the result the appeal is partly allowed enhancing the total compensation of Rs.98,324/- awarded by the Tribunal by a further sum of Rs.27400/-. The original amount of compensation awarded by the Tribunal as well as enhancement granted in this appeal will carry interest at 7.5% per annum from the date of filing of the claim petition till payment. The 3rd respondent is directed to make payment of the amount within a period of 3 (three) months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb