IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 MFA.No. 294 of 2003(A) ---------------------- OPMV.378/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT: PETITIONER: ---------------------- HAJIRA, W/O. ABDUL HAMEED, CHUNDAKKARA HOUSE, KARIYAMBADI P.O. MEENANGADI. BY ADV. SMT.CELINE JOSEPH SRI.RONY J.PALLATH RESPONDENTS: RESPONDENTS: ------------------------- 1. VIJAYAKUMAR, S/O. RAMAYYAN CHETTY, KOTTAMDATH HOUSE, MEENANGADI, WAYANAD. (DVR OF KL-12/2725 JEEP). 2. RAMAYYAN CHETTY, S/O. VELUKUTTY, KOTTAMDATH HOUSE, MEENANGADI, WAYANAD, (R.C. OWNER OF KL-12/2725 JEEP) 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, P.B.NO.41, MAIN ROAD, KALPETTA (INSURER OF KL-12/2725 JEEP) POLICY NO.17333. BY ADV. SRI.P.RAMAKRISHNAN FOR R1 & R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M. F.A.No. 294 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of April, 2008 JUDGMENT Koshy, J. Appellant/claimant sustained injuries in a motor accident on 30-5- 2001. According to her, she was a coolie and her monthly income was Rs.3,000/- per month. Tribunal awarded compensation of Rs.45,450/- against a claim for Rs.2,50,000/-. Only quantum of compensation is disputed in this appeal. 2. Injuries sustained by the appellant in the accident as seen from the medical certificate is as follows:- 1. Lacerated wound (L) Dorso-Lateral aspect of Foot and ankle region with loss of skin injury measures 10 x 6 Cms. 2. Fracture (L) distal radius undisplaced 3. Lacerated injury over (L) little and right middle finger 4. fracture both bones of (L) leg. Medical practitioner assessed 12% permanent disability. The Tribunal did MFA 294/03 -2- not accept the same and Rs.10,000/- was awarded for permanent disability and loss of earning power on a rough and reasonable basis. 3. The Tribunal assessed Rs.750/- as the monthly income of the appellant. She was a coolie. Even services of a house wife is not value less. The accident occurred in 2001. Considering the facts and circumstances of the case, we fix Rs.1,800/- as the monthly income of the appellant. She was aged 44 years at the time of the accident. Taking guidance as Second Schedule, 15 is fixed as the multiplier. Therefore, compensation payable will be Rs.32,400/-. Only Rs.10,000/- was awarded by the Tribunal. Hence, the additional compensation on this count is Rs.22,400/-. The Tribunal found that she was unable to do any work for about four months and taking Rs.750/- as the monthly income, Rs.3,000/- was granted towards loss of earning. As a result of increase in the monthly income of Rs.1,800/-, compensation payable for loss of earning four months will be Rs.7,200/-. If that be so, the appellant is entitled to an additional amount of Rs.4,200/- under the above head. It is argued that the compensation granted under other heads are very low. Considering the total amount awarded, we are of the view that no enhancement is necessary under other heads. MFA 294/03 -3- 4. In the circumstances, the appellant is entitled to Rs.26,600/- over and above the amount awarded by the Tribunal. The above amount shall be deposited by the 3rd respondent Insurance Company with 7.5% interest per annum from the date of application till its deposit. The appeal is partly allowed as above. J.B. Koshy, Judge K. Hema, Judge mn. MFA 294/03 -4- J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M. F.A.No. 294 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 3rd day of April, 2008