IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 MACA.No. 703 of 2009() --------------------------------- OPMV.548/2000 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER: ------------------------------------ GIRIJA, W/O. NARAYANAN, AGED 38 YEARS, MARUTHATTU HOUSE, OLAVANNA, PALAZHI, KOZHIKODE. BY ADV. MR.R.SUDHISH RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. M. SHANMUGHAN, S/O. KADUNGON, MEKKOLI HOUSE, CHELAVOOR P.O., KOZHIKODE. 2. K. SADANANDAN, S/O. CHANDRAN NAIR, KILIYENGAL HOUSE, KUNNAMANGALAM P.O., CHETHUKADAVU, KOZHIKODE. 3. UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE NO.2, SEEMA TOWER, BANK ROAD, KOZHIKODE. R3 BY ADV. MR.JOHN JOSEPH VETTIKAD. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. ........................................... M.A.C.A.No.703 OF 2009 ............................................. Dated this the 23rd day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.548/2000. A lady, aged 30 years, sustained lateral ligament injury in a road accident and she has been awarded a compensation of Rs.3,800/=. Aggrieved by the said decision, she has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. The learned counsel for the appellant has made available before me for perusal a document relating to the injury sustained in the accident. The wound certificate and the reference card would reveal that she had sustained a lateral ligament injury and had undergone treatment in the Medical College Hospital. Again she had attended for review and there is limitation for her movements and she had been administered medicines. Again she had gone to the hospital and continued the treatment. The court had referred her to a Medical Board : 2 : M.A.C.A.No.703 OF 2009 for examination and the Medical Board had certified that she had instability of the left knee on account of the lateral ligament injury with terminal restriction of knee flexions. Her occupational disability was fixed at 15% and a certificate was issued by the Medical Board on 18.8.2005, which had been marked by the Tribunal as Ext.C1. Further, the disability certificate has been proved by examining Dr.Sooraj as PW2. 3. So, it is in this background the compensation has to be fixed. I feel the Medical Board has only considered the occupational disability, but a minimum of 5% at lest can be taken as permanent disability for the purpose of arriving at the compensation. Even if it is not proved that she is a pre-primary school teacher or a tailor, she will come under the category of house wife whose notional income can be fixed at Rs.1,250/= that is Rs.15,000/= per mensum. I proceed to fix the compensation as follows: 4. On account of the ligament injury she would not have been in a position to do her work for two months, for which I award a sum of Rs.2,500/=. She had undergone treatment for a considerable long period and for medical : 3 : M.A.C.A.No.703 OF 2009 expenses, I grant a sum of Rs.1,000/=. Towards damage to clothing and extra nutritious food, I award a sum of Rs.500/=. The ligament injury had caused her substantial pain and it had made her to visit the hospital again and again and, therefore, I award a sum of Rs.6,000/= towards compensation for pain and sufferings. When her income is taken as Rs.15,000/= per annum and the disability at 5% and the multiplier 15 is used as per the decision reported in Sarla Verma v. Delhi Transport Corporation (2009 ACJ 1298), the disability compensation would come to Rs.11,250/=. At least a nominal amount has to be given for loss of amenities, which I fix at Rs.3,000/= making the total compensation of Rs.24,250/=. Of this Rs.3,800/= has already been awarded and therefore the claimant is entitled to an additional compensation of Rs.20,450/=. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.20,450/= with 7.5% interest on the said sum from the date of the petition till realisation and the respondent insurance company is directed to deposit the said amount : 4 : M.A.C.A.No.703 OF 2009 within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 5 : M.A.C.A.No.703 OF 2009