IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 MACA.No. 121 of 2004() (O.P. (MV) NO. 226 OF 1999 OF MACT, PUNALUR) ---------------------- APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- NIRMALA, THAMPARA PUTHEN VEEDU, (THATCHIRAZHIKATHU) THEVALAPURAM P.O., PUTHOOR, KOLLAM. BY ADV. SRI.J.HARIKUMAR RESPONDENT(S): RESPONDENTS -------------------------- 1. A.BALACHANDRAN, PARTNER, SAMCOS, SAKTHIKULANGARA, KOLLAM 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., KOLLAM. 3. THE PRESIDENT, TWO AND THREE WHEELERS MECHANICAL WORKERS CO-OPERATIVE SOCIETY LTD., NO.981, UMAYANALLOOR, KOLLAM. 4. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD. KOLLAM. R2 BY ADV. SRI.RAJAN P.KALIYATH R4 BY ADV. SRI. LAL GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 121 OF 2004 -------------------------------------------- Dated this the 21st day of August, 2009 JUDGMENT Abdul Rehim, J. Claimant before the Tribunal is in appeal seeking enhancement of the compensation awarded. She claimed to have been worked as computer teacher in the State of M.P. She was aged 24 years at the time of the accident. The accident occurred while she was travelling in an Autorickshaw along with her family members, when a Bus hit against the Autorickshaw. She sustained severe head injury along with breakage of three teeth. The injuries sustained had resulted in permanent disability. Ext.A27 certificate issued from the Medical College Hospital, revealed that she had recurrent head-ache, attack of vertigo, loss of memory, pain and limitation of movement of shoulder, disability for chewing, etc. The Tribunal had awarded total compensation of Rs. 47,900/. 2. Heard the learned counsel for the appellant and standing counsel for respondents 2 and 4. It is contended by the appellant that 2 inspite of clear evidence regarding disability, adduced through Ext.A27 certificate, the Tribunal had adopted only 10% assigning reason that while examining as a witness, she had deposed her correct date of birth and details regarding the accident. We are of the opinion that loss of memory evidenced by the disability certificate need not be a total loss of memory. If there would have been a total loss of memory, then the disability would have been much more. Therefore we are persuaded to accept the extent of disability as 20% for the purpose of computation. Calculated on that basis, the appellant is entitled to an amount of Rs. 64,800/- under the head of compensation for disability and loss of earning power, which will entitle her for enhanced compensation of Rs. 32,400/-. The learned counsel for the appellant contended that the Tribunal had not granted any amount towards loss of amenities and enjoyment in life. The appellant also contends that she had diminished prospects of marital life due to permanent disfigurement. In our moderate estimate, we award an amount of Rs. 15,000/- towards loss of amenities and enjoyment in life, considering diminished prospects of marriage. Thus the appellant is entitled to an additional compensation 3 of Rs. 47,400/-. In the result the appeal is partly allowed enhancing the compensation of Rs. 47,900/- awarded by the Tribunal by a further sum of Rs. 47,400/- which will carry interest at the same rate as awarded by the Tribunal from the date of the Claim Petition till payment. The second respondent-insurance company is directed to make payment of the amount within a period of three months. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 4