IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 MFA.No. 860 of 2002 OP(MV)NO.1660/2000 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR APPELLANT: PETITIONER ------------------------------------- JAMEELA, AGED 42, W/O.MOHAMMEDALI, THEPARAMBIL HOUSE, GANESAMANGALAM BEACH, VATANAPPALLY VILLAGE, CHAVAKKAD TALUK BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS: RESPONDENTS ------------------------ 1. C.V.PAULY, CHAKIYATH HOUSE, P.O.KARUKUTTY, ANGAMALY. 2. THOMAS S/O.DEVASSY, MADATHUMPADY VEETTIL, MOOKKANNUR, ERNAKULAM 3. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, PERINCHERRY BUILDING, ROUND NORTH, TRICHUR-1 R3 BY ADV. SRI.LAL GEORGE THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.T.SANKARAN, JJ. ---------------------------------------------------- M.F.A. NO. 860 OF 2002 C ---------------------------------------------------- Dated this the 19th March, 2008 JUDGMENT J.B.KOSHY, J. The appellant sustained serious injuries in a motor accident on 30.9.1999. She was treated as an inpatient up to 2.11.1999. Internal fixation was done. The doctor assessed 15% disability. Doctor was not examined. Though the appellant claimed that she was aged 35 at the time of accident, the Tribunal found that she was aged 40 at the time of accident. According to the appellant, she was working as an Administrative Co-ordinator of Aliya Silks, Thrissur. But, no evidence was adduced to prove the same. The Tribunal has awarded Rs.40,000/- as compensation for loss of earnings and disability. If Rs.18,000/- is taken as the notional annual income (Rs.1,500/- as monthly income) and 15 as the multiplier, for 15% disability the compensation will come only to Rs.40,500/-, even if the amount is calculated on multiplier basis. The Tribunal has awarded Rs.30,000/- towards compensation for pain and suffering. The appellant had produced medical bills for Rs.1,10,405.26. The Tribunal has awarded Rs.1,16,000/- as compensation towards medical expenses, by-standers expenses and incidental hospital expenses. Thus, the total amount awarded was Rs.1,90,500/-. Considering the age of the appellant/claimant and nature of the injuries, M.F.A. NO.860 OF 2002 :: 2 :: we are of the opinion that just and reasonable compensation was awarded by the Tribunal and no interference is required with the amount awarded. The Miscellaneous First Appeal is, therefore, dismissed. (J.B.KOSHY) Judge (K.T.SANKARAN) Judge ahz/ J.B.KOSHY & K.T.SANKARAN, JJ. ----------------------------------------- ----------------------------------------- M.F.A.NO. 860 OF 2002 JUDGMENT 19th March, 2008 -----------------------------------------