IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 MFA.No. 1521 of 2001(C) ----------------------- OPMV.313/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: ----------- LEELA ALBERT,NAVARESU PARAMBIL HOUSE, ALAGAPPA NAGAR, AMBALLUR VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS: ------------- 1.P.T.SUDHAKARAN, THAPPADITHARAYIL HOUSE, KAMATH LANE, KOTTAPPURAM. 2.MURALI, S/O.RAJAN, THANDASSERI HOUSE, KALLOOR P.O. 3.ORIENTAL INSURANCE COMPANY, GURUVAYOOR ROAD, 'U' BROTHERS BUILDING, KUNNAMKULAM. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.F.A.NO.1521 OF 2001 --------------------------------------- Dated this the 21st day of July, 2008 J U D G M E N T Koshy,J. The appellant, at the age of 60, sustained injuries in a motor accident on 26.7.1994 due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance company. Against a claim of Rs.1,00,000/-, only Rs.15,000/- was awarded. Only quantum of compensation is disputed in this appeal. 2. According to the claimant, she was getting a monthly income of Rs.1,500/-. According to the appellant, she was a tailor by profession. But tribunal found that no evidence was adduced to show that she was a tailor by profession. Therefore, Rs.1,000/- was taken as the monthly income, as a housewife, services of the house wife cannot be ignored. We are of the opinion that tribunal ought have fixed atleast Rs.1,500/- as the MFA.1521/2001 2 monthly income as claimed by her. Doctor certified 12% disability. Tribunal also found as follows: “The fracture has united. There was partial ankylosis of right knee up to 900 flexion is possible in the right knee joint. Recurrent effusion right knee joint and partial ankylosis of the right knee joint causing difficult to squat and climb steps. Weakness of the quadriceps muscles right thigh.” Doctor was not examined. No amount was awarded for loss of earning power and permanent disability. We are of the opinion that percentage of disability assessed by the Doctor K.Soman is exaggerated. But there is a fracture of right patella and still have permanent problems. We are of the opinion that compensation ought have been awarded for 5% disability. She was above 60 years old, and considering the age, we fix 5 as the multiplier. If that be so, compensation payable will be Rs.1,500 MFA.1521/2001 3 x 12 x 5/100 x 5 = Rs.4,500/-. Tribunal found that she was completely bed ridden for four months and tribunal has awarded only Rs.4,000/- for loss of actual earning. Since we have increased the monthly income to Rs.1,500/-, she will be entitled to another Rs.2,000/- more for loss of actual earning. Considering her age and inpatient treatment, for medical and allied expenses, we award Rs.1,000/- more as tribunal has reimbursed only the actual medical bills. Hence, the additional amount payable is Rs.7,500/-. The additional amount of Rs.7,500/- 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. On deposit of the above, appellant is allowed to withdraw the same. Appeal is accordingly partly allowed. J.B. KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp MFA.1521/2001 4 J.B. KOSHY & P.N.RAVINDRAN, JJ -------------------------------------- M.F.A.NO.1521 OF 2001 --------------------------------------- J U D G M E N T 21st day of July, 2008