IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 MACA.No. 1009 of 2005 --------------------------------- OP(MV.) 272/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR ......................................... APPELLANT/PETITIONER ----------------------------------- HUSSAIBA BEEVI, W/O.AZEEZ, BIJU HOUSE, PALLICKAL MURI, MYLOM VILLAGE, KOTTARAKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL SMT.MEREENA JOSEPH RESPONDENTS: ERESPONDENTS ------------------------------------------------ 1. BENNY, S/O.V.SHEEMONE, CHARUVILA VEEDU, MYLON, KOTTARAAKARA, KOLLAM. 2. SAJIMONE, S/O.SREENIVASAN, PENAVILAYIL VEEDU, VENDAR P.O., KOTTARAKARA, KOLLAM DISTRICT. 3. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO LTD., KOLLAM. R3 BY ADV. SMT.SARAH SALVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.A.C.A.NO.1009 OF 2005 (B) ----------------------------------- Dated this the 26th day of March, 2008 J U D G M E N T KOSHY,J. Appellant claimant, at the age of 38, sustained injuries in a motor accident on 29.6.1996. She claimed an amount of Rs.2,50,000/-. But only Rs.11,500/- was awarded by the tribunal. Only quantum of compensation is disputed in this appeal. 2. As per the wound certificate, she suffered abrasion left forearm 10 cm x 4 cm, abrasion right wrist 2 cm x 1 cm, abrasion right hand 2 cm x 2 cm, fracture coronal piece right elbow, compound comminuted fracture surgical neck of humerus left and other injuries all over the body. Upto 5.7.1996, she was treated as inpatient. According to her, she was running a dairy farm and earning Rs.4,000/- per month. In the absence of data, tribunal did not accept that contention. Since she was an earning member, her services as house wife MACA.1009/05 2 cannot be ignored. Even though Rs.1,250/- is fixed as the notional monthly income for a non-earning person under the 2nd Schedule, considering the fact that she was 38 years old and a house wife and earning some income by rearing cattle and selling milk, Rs.1,800/- can be fixed as the monthly income. She was under treatment for a period of three months and for three months loss of earning, she is entitled to Rs.5,400/-. Tribunal has granted only Rs.2,400/- for loss of earnings. Therefore, she is entitled to Rs.3,000/- more for loss of actual earnings. She had two fractures namely fracture of coronal piece right elbow and compound comminuted fracture surgical neck of humerus left. There were various abrasions and injuries all over the body. Tribunal has granted only Rs.4,000/- for pain and sufferings. We are of the opinion that atleast Rs.7,500/- ought have been awarded for pain and sufferings. Thus, she is entitled to Rs.3,500/- more for pain and sufferings. It is true that petitioner has not produced any disability certificate. Tribunal has granted Rs.3,600/- for loss of amenities and earning power. Since she had a fracture and she was under treatment for three months and since there was difficulty in working, we are of the opinion that another MACA.1009/05 3 Rs.1,500/- ought have been granted for loss of amenities, loss of earning power and consequent disability. Therefore, additional amount payable will be Rs.8,000/-. The above amount should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit over and above the decreed amount by the tribunal and on deposit of the above amount, appellant is allowed to withdraw the same. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 4th March, 2008