IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 MACA.No. 420 of 2003() ---------------------- OPMV.1058/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER IN O.P(MV): ---------------------------------------------- SAROJINI, W/O. LATE GANGADHARAN, AMBALATHARA HOUSE, ALOOR DESOM & VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN O.P.(MV): --------------------------------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. BALAN, S/O. GOVINDAN, THANCHAYIL HOUSE, VALAKKAVU DESOM, MULAYAM VILLAGE, THRISSUR TALUK. ADV. SRI.JOHNSON P.JOHN, SC. KSRTC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. ```````````````````````````````````````````````````` M.A.C.A. No. 420 OF 2003 D ```````````````````````````````````````````````````` Dated this the 25th day of May, 2009 J U D G M E N T Joseph, J. Appellant is the claimant is O.P.(MV) No.1058/1994. The claim arises on the strength of a petition filed under section 166 of the Motor Vehicles Act, 1988. The accident took place on 14.3.1994. The appellant stands awarded a total compensation of Rs.15,000/-. 2. We heard the counsel for the parties. Learned counsel for the appellant would point out that the income has been fixed at Rs.700/- and that it is too meagre. It is stated that the appellant was working as a coolie and was earning Rs.1,500/- per month. It is stated that after amendment the income has to be taken as Rs.1,250/- on a notional basis. The accident in this case took place a few months prior to the amendment and, therefore, the income is at least Rs.1,250/-. He would further contend that Ext.A9 certificate would show that the appellant has permanent disability assessed at 14%. However, the percentage is taken MACA.420/03 : 2 : only at 5%. He further submits that the Doctor has been examined and he has given evidence and the evidence of the Doctor also would show that there was no basis for reducing the percentage from 14 to 5. He also points out the injuries suffered by the appellant. 3. We have considered the facts. Ext.A9 certificate would show that the appellant was assessed a permanent disability at 14%. It reads as follows: “ This is to certify that Mrs.Sarojini Gangadharan, 62, W/o.Gangadharan, Ambalathara House, PO Aloor was treated from 14.3.94 to 22.3.94 at Govt. Hospital, Irinjalakuda and from 30.3.94 to 7.4.94 in Dhanya Mission Hospital, Potta for wedge compression fracture first lumbar vertebrae as per records produced. Now on examination, she is having: a) Tenderness on fracture site. b) Limitation of flexion of lumbar spine of last 100 and rotation of both side of last 50. c) Lumbar instability. Functionally, she is having difficulty to: a) bend forward and lift weight to carry weight on hands, to squat, to jump, to walk fast or stand long or turn sideway. She needs to have a thoracic lumbar brace MACA.420/03 : 3 : permanently. She is assessed to have a permanent disability of 14% (fourteen), she being a housewife.” 4. We also went through the evidence of PW1 who is the Doctor who has issued Ext.A9 certificate. He has spoken about the disability being assessed at 14%. 5. As far as the question of income is concerned, we would think that, having regard to the totality of facts, it would be more appropriate if the income is fixed at Rs.1,000/- per month. If that be so, the appellant shall be entitled to Rs.900/- more as enhanced towards loss of earning power for three months. We also feel that, having regard to the totality of facts, it would be more appropriate if we fix the percentage of disability at 8 instead of 5. Consequently, the appellant is entitled to get Rs.7,680/- on the basis of the increased income arrived at as also the increased percentage of disability. After providing for the amount already awarded, namely Rs.3,360/-, the appellant is entitled to Rs.4,320/- more as enhanced compensation. Consequently, the appeal is allowed in part and there will be an award for enhanced MACA.420/03 : 4 : compensation of Rs.5,220/- which will bear interest at the rate of 7.5% from the date of the petition till the date of payment against the respondents. (K.M.JOSEPH, JUDGE) (M.L. JOSEPH FRANCIS, JUDGE) aks