IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 MACA.No. 1221 of 2004(B) ------------------------ OPMV.1184/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/(PETITIONER): ------------------------------------- MALAYAN CHOLAKKAL SARASWATHI, W/O. VELAYUDHAN, AGED 32 YEARS, R/O. MALAYAN CHOLAKKAL HOUSE, IRUMBUZHI AMSOM, KONIKKALLU DESOM, P.O. PAPPINIPARA, VIA. MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: (RESPONDENTS): ----------------------------- 1. PANAKKADAN MOHAMMED KUTTY, S/O. AHMED KUTTY, AGED 28 YEARS, R/O. KILINAKODE, CHEROOR AMSOM AND DESOM, CHEROOR P.O., VENGARA, MALAPPURAM DISTRICT, DRIVER. 2. USMAN, S/O. MOHAMED, R/O. ONTHATHU THALAKSHAM VEEDU, KUTTIYADI, R.C. OWNER OF KL-11-C-2091 JEEP. 3. THE UNITED INDIA INSURANCE CO. LTD., P.B.NO.59, SABKA BUILDING, THAZHEPALAM, TIRUR, MALAPPURAM DISTRICT - POLICE NO.101002/31/50/1/ 1363/98 VALID FROM 07-07/1998 TO 06-07-1999. ADV. SRI.N.S.MOHAMMED USMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 1221 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of August, 2009 JUDGMENT Joseph, J. When this appeal came up in the defect list, we noted that the defect is only non-service of notice to the second respondent. The Insurance is admitted. Hence we proceeded to consider the appeal on consent of the learned counsel for the appellant and the learned counsel for the Insurance Company. 2. The appellant made a claim for Rs.5.5 Lakhs. An amount of Rs.1,94,150/- was awarded by the Tribunal, the break up details of the same are given below. Loss of earnings Rs.15,000/- Transport to hospital Rs. 5,000/- Extra nourishment Rs. 6,500/- Bystander's expenses Rs. 6,500/- M.A.C.A.No. 1221 of 2004 2 Medical expenses Rs. 43,650/- Disability Rs. 67,500/- For future treatment Rs. 15,000/- Pain and suffering Rs. 20,000/- Loss of marital life Rs. 15,000/- --------------- Total Rs.1,94,150/- ========= 3. We heard the learned counsel on both sides. The learned counsel for the appellant would contend that the Tribunal ought to have taken higher income. The appellant was a coolie worker. According to her, her only child is mentally retarded. The appellant was in hospital for more than 120 days and her case is that future medical treatment will be required for her. 4. The learned counsel for the Insurance Company supported the award. 5. The first question to be considered is what the income of the appellant. The accident took place in the year 1998. The appellant has given evidence. According to her, she was earning Rs. 125/- per day. We fix her monthly income at Rs.1800/- M.A.C.A.No. 1221 of 2004 3 instead of Rs.1,250/- p.m. fixed by the Tribunal. On this basis, the appellant will be entitled to Rs.6,600/- more towards loss of earnings. On the basis of the increase in the income and by taking the same multiplier and percentage of disability, the appellant is entitled to Rs.29,700/- more. We also feel that Rs.5,000/- more can be awarded towards future medical treatment. Thus, the appellant will be entitled to a total amount of Rs.40,700/- more. 6. This appeal is partly allowed. The appellant is entitled to realise a sum of Rs.40,700/- more with interest at the rate of 7.5% from the date of the petition till the date of realisation from the third respondent. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm