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 MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 MACA.No. 507 of 2003() ---------------------- OPMV.99/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): ---------------------------------------- SULOCHANA, W/O. SIVARAMAN, NOCHIYIL HOUSE, VARAKKARA P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV): ------------------------------------- 1. P.VIJAYALAKSHMI, W/O.D.PURUSHOTHAMAN (RAMNAGAR, COIMBATORE) 169-A, ARUMUGANAGAR, RAMANATHAPURAM, COIMBATORE. 2. M.SARAVANAN, S/O. MURUGESAN, 2/11918 III STREET, NEELAGIRI, KALAINGAR NAGAR, THANJAVUR, TAMILNADU. 3. UNITED INDIA INSURANCE COMPANY, NO.1 NEHRU STREET, P.B.NO.34, KUMARAN ROAD, THIRUPPUR. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ---------------------------------- M.A.C.A. No.507 of 2003 ---------------------------------- Dated this the 24th day of August, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. 1. Appellant is the claimant before the Tribunal. She sustained Cervical spine-C5 Body compression with sprain on cervical spine. The accident occurred when a Mini Bus knocked down her on the public road while she was walking through the side. Initially she was treated as inpatient for 6 days. Thereafter she was again admitted and treated for another 14 days. Ext.A12 Disability certificate issued by PW1 Doctor revealed that the appellant is suffering from persistent disability out of the injuries sustained, which was assessed at 20%. Petitioner claimed that she was a coolie worker aged 39 years at the time of accident and was getting monthly income of Rs.2700/-. Eventhough Ext.A15 certificate was produced with respect to her employment, the Tribunal had not accepted the same for want of proof. The Tribunal adopted monthly income at Rs.1000/- and extent of disability at 3%. Total compensation of Rs.22,000/- was granted. 2. Heard learned counsel for the appellant and Standing Counsel for 3rd respondent insurance company. The appellant MACA.507/03 2 contended that the monthly income of Rs.1000/- adopted for the purpose of computation is highly unrealistic and inadequate. It is further contended that there is no cogent reason for reducing the extent of disability to 3% inspite of clear evidence adduced by examination of the Doctor that the extent of disability is 20%. It is further contended that the amount of Rs.4000/- granted for pain and suffering and Rs.2700/- granted for loss of amenities, discomforts and inconvenience are highly on the lower side. 3. Considering the entire facts and circumstances of the case and on evaluating evidence on record we are of the opinion that the petitioner has not adduced any clear proof regarding her income. Therefore we find no fault with Tribunal in adopting monthly income of the appellant at Rs.1000/-. But the extent of disability at 3% adopted by the Tribunal, is without any basis. Ext.A12 certificate proved by PW1 had revealed an assessment of the disability at 20%. However considering the nature of injury sustained, on our moderate estimate we fix the extent of disability at 10%, for calculating compensation for permanent disability and loss of earning power. Based on this the appellant is entitled for an amount of Rs.19200/- towards compensation for permanent disability (1000 x 12 x 16 x 10%). This will entitle that appellant for an enhancement of Rs.13,400/- (Rs.19200 - MACA.507/03 3 Rs.5800). The total compensation of Rs.6700/- awarded under the heads of pain and suffering and loss of amenities and enjoyment in life is highly on the lower side. We are persuaded to increase the amount under those heads to Rs.20000/-, which will entitle the appellant for an enhancement of Rs.13300/-. Thus the appellant is entitled for a total enhancement of Rs.26700/-. 4. In the result the appeal is allowed in part enhancing the total compensation of Rs.22000/- awarded by the Tribunal by a further sum of Rs.26700/- which will carry the same rate of interest as awarded by the Tribunal from the date of the claim petition till payment. The 3rd 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. okb