IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 MACA.No. 882 of 2005() ---------------------- OPMV.2673/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER: ----------------------------------- SUHARA BEEVI, W/O. KOMU, H. NO.4/21, MARS ROAD, NEAR MANDRA MOSEQUE, MATTANCHERRY P.O., KOCHI-2. BY ADV. SRI.K.JANARDHANAN SRI.MANURAJ. K.J RESPONDENT(S): RESPONDENTS: --------------------------- 1. GEORGE VARGHESE, DIRECTOR, ELENJIKAL FOODS & BEVERAGES (INDIA) LTD. PALLURUTHY. 2. P.M. MOHAMMED, PAREKATTIL VEETTIL, EDATHALA P.O., ALUVA. 3. THE ORIENTAL INSURANCE CO. LTD., KOCHI-2. ADV. SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A. No.882 of 2005 -------------------------------------- Dated this the 10th day of November, 2008. JUDGMENT Thomas P.Joseph, J. Appellant, aged about 48 years during the relevant time sustained serious injuries in an accident involving jeepNo.KL/7 L-7630 driven by the second respondent on 19.8.1996 and claimed compensation of Rs.1,50,000/-. Learned Tribunal found that accident occurred due to the rashness and negligence of the second respondent, driver of the jeep owned by the first respondent and insured with the third respondent and allowed the appellant to realise compensation of Rs.71,500/- with interest at the rate of 9% per annum from the date of application till realisation and proportionate costs. Appellant is dissatisfied with the amount of compensation awarded and preferred this appeal. 2. Heard. 3. Point for consideration is whether compensation awarded is low. 4. That, the appellant suffered injuries in the motor vehicle accident is not disputed. Ext.A2, wound certificate issued from the Medical Trust Hospital revealed that the appellant suffered the following injuries:- MACA No.882/2005 2 “Swelling, deformity and tenderness mid 3rd (R) arm. Radial nerve palsy and Tenderness (R) Knee. Open reduction and internal fixation of fracture humerus with radial nerve exploration done under G.A. on 28.8.96”. X-ray (R) arm - Fracture (R) humerus junction of M 3rd and L 3rd. X-ray (R) knee - Minimally depressed lateral condylar fracture.” It is also proved that appellant underwent inpatient treatment in the said hospital for 61 days. Ext.A6 is the detailed treatment certificate which shows that the appellant was treated with open reduction and internal fixation for the fracture of right humerus. On the date of Ext.A6, internal fixation had not been removed. It also shows that the appellant suffered radial nerve palsy for which tendon transfer was done under general anaesthasia. As per Ext.A7, disability of the appellant was certified as 19%. Tribunal however, did not accept disability or any consequent loss of earning power mainly for the reason that the appellant is a house wife and the question of disability and loss of earning power did not arise. It is contended by learned counsel for the appellant that the view taken by MACA No.882/2005 3 the Tribunal is not correct and that appellant is entitled to get compensation in the light of the injuries suffered by her and considering the disability as per Ext.A7. 5. It is in evidence that the appellant suffered serious injuries as aforesaid. Learned Tribunal has awarded Rs.2,500/- as compensation for loss of services. The services of the appellant to her family can be valued in terms of money for the assessment of compensation payable. In the facts and circumstances of the case and considering the age of the appellant at the time of accident and also bearing in mind the wages payable to a maid servant during the relevant time, monthly income of the appellant is fixed as Rs.2,500/-. In the nature of the injuries suffered and the period of of treatment undergone, the appellant could not have been able to do any service in her family for a period of three months. Compensation payable on that count comes to Rs.7,500/-. The Tribunal has awarded only Rs.2,500/- on that count. The additional compensation payable on that count comes to Rs.5,000/- 6. Though, the appellant was inpatient for about 61 days, the amount awarded for expenses of by-stander is only Rs.1,500/-. In the facts and circumstances and considering the expenses incurred on that count, appellant is awarded a further sum of Rs.1,000/- on that count. MACA No.882/2005 4 7. So far as disability is concerned, it is certified in Ext.A7, disability certificate as 19%. It is stated in Ext.A7 that the appellant has restriction of shoulder and finger movement of right hand, loss of sensation of dorsum of right hand and loss of muscle power thus bringing the aggregate disability to 19%. Tribunal was not inclined to accept Ext.A7. Considering the nature of the injuries and also taking into account the limitations referred to in Ext.A7, we are inclined to think that appellant is afflicted with disability which in the facts and circumstances is fixed as 10%. Since the appellant was aged 48 years at the relevant time, the multiplier to be applied is 13. The disability and the consequent loss of earning power affected her capacity to render service to her family. Appellant is entitled to get compensation for disability and loss of earning power which comes to Rs.39,000/- [(2,500 x 12 x 13 x10)/100]. 8. Though it is contended by learned counsel that compensation awarded on other counts is also low, we are not inclined to accept that contention considering the amount awarded on those counts and the total amount to which the appellant is found entitled. Thus, the additional compensation payable to the appellant comes to R.45,000/-. Appellant will get interest on the said amount at the rate of 7.5% per annum from the date of application till realisation. MACA No.882/2005 5 This appeal therefore, is allowed in part allowing the appellant to realise Rs.45,000/- (Rupees Forty five thousand only) as additional compensation with interest at the rate of 7.5% per annum from the date of application till realisation from the respondents. Third respondent being the insurer is directed to deposit the said amount in the Tribunal within one month from this day. On such deposit, appellant is permitted to withdraw the said amount. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks