IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 MACA.No. 1283 of 2007 ----------------------- OPMV.1539/1996 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... APPELLANT(S): APPELLANT/PETITIONER IN OP(MV) ----------------------------------------------------------------------------------- SHEEBA, KALLOOR PADEETTATHIL, KANNAMPALLY BHAGOM, KAYAMKULAM. BY ADV. SRI.P.M.KUNJIMOIDEENKUTTY SRI.LAL K.JOSEPH SMT.SHEENA SAMUEL RESPONDENT(S): RESPONDENTS IN OP(MV) ----------------------------------------------------------------------- 1. ARAVINDAKSHAN, ARAVIND VEETTIL, FROM KANNANKOTTY KIZHAKKETHIL, PUTHUPPALLY SOUTH, PUTHUPPALLY, KAYAMKULAM. 2. NATIONAL INSURANCE CO.LTD., REP: BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, KOLLAM. 3. ANI, S/O.ABDUL AZIZ, MEENATHEL KIZHAKKETHIL, KANNAMPALLY BHAGOM, KEERICKADU. 4. ABDUL REHIMANKUTTY, PULIVELIL KIZHAKKETHIL, KANNAMPALLY BHAGOM, KAYAMKULAM. 5. UNITED INDIA INSURANCE CO.LTD., REP: BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, KOTTAYAM. ADV. SRI.T.M.RAMAN KARTHA FOR R1 SRI.JOE KALLIATH FOR R2 SRI.N.S.MOHAMMED USMAN FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & M.L.JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.NO.1283 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of December 2010 JUDGMENT Basheer, J. Appellant suffered certain injuries in a road traffic accident that occurred on March 24, 1996. She claimed compensation for the injuries sustained by her from the owners, drivers and insurers of the two vehicles which were involved in the accident. The Tribunal found that the drivers of the two offending vehicles were negligent and their liability was assessed as 70:30. The Tribunal, after considering the oral and documentary evidence adduced by the appellant/claimant, awarded her a sum of Rs.76,380/- with 9% interest. The above award is under challenge in this appeal primarily on the ground that the monthly income adopted by the Tribunal is on the lower side. 2. The Tribunal while considering the fact that the claimant was a house wife at the time of the accident has reckoned her notional monthly income as Rs.1,500/-. While fixing the quantum of compensation payable under the head of permanent disability, the Tribunal kept in view Ext.A15 certificate issued by the Professor and Head of Department of Neurology. In the said certificate, the Neurologist assessed the disability at 8% noticing the following difficulties: 1. Severe post traumatic memory loss. 2. Post traumatic vertigo and headache. 3. Post traumatic syndrome with seizure. 4. Neurosthenic muscular dytroply and post traumatic depression. M.A.C.A.NO.1283 OF 2007 :: 2 :: 3. The Tribunal calculated the disability compensation by adopting the multiplier of 13 and taking the percentage of disability as 7 and monthly income as Rs.1500/-, the said sum came to Rs.16,380/-. 4. Having regard to the entire facts and circumstances of the case, we are of the view that the disability compensation can be recalculated by reckoning the notional monthly income of the appellant as Rs.2,500/-. If calculated thus, the compensation payable under the head of permanent disability would come to Rs.27,300/- (30000 x 7/100 x 13 = 27300). The Tribunal has awarded Rs.10,000/- under the head of loss of amenities. In our view, it will be just and proper if the said amount is enhanced to Rs.15,000/-. Similarly, under the head of pain and suffering, Rs.28,000/- awarded by the Tribunal is enhanced to Rs.38,000/-. Thus, the appellant will be entitled to additional compensation of Rs.25,920/-. In all other respects, the award passed by the Tribunal is confirmed. Appeal is disposed of in the above terms. A.K.BASHEER, JUDGE M.L.JOSEPH FRANCIS, JUDGE jes