IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 MACA.No. 771 of 2004() --------------------------------- OPMV.608/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, WAYANAD, KALPETTA .................... APPELLANT/PETITIONER ------------------------------------- JANCY, AGED 38 YEARS, W/O.ANTONY, KALLADA CHERIYANKAL HOUSE, VELUTHANDIKUNNU, NAIKATTY (PO), NOOLPUZHA VILLAGE, BATHERY TALUK. BY ADV. SRI.T.KURIAKOSE PETER SRI.ABRAHAM P.GEORGE RESPONDENTS/ RESPONDENTS IN OP(MV) -------------------------------------------------------------- 1. P.MUHAMMED, S/O.BICHIAMMU, MOODAKOLLY P.O., VAKERY (VIA), S.BATHERY TALUK. 2. BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., S.BATHERY. BY ADV. SMT.P.K.SANTHAMMA - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 771 OF 2004 = = = = = = = = = = = = = = = Dated this the 20th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Wayanad in O.P.(MV)608/01. The claimant sustained injuries in a road accident which took place on 14.8.97. She was a coolie aged 36 years. A perusal of the award would r;eveal that she had suffered grievous injuries. She had sustained fracture of the pubic ramus and she was an inpatient in the hospital for 7 days. Thereafter she also continued her treatment. The Tribunal took the income at Rs.750/- granted loss of earning for six months, i.e. 4,500/-. Notional income at least could have been taken for the reason besides a coolie she is a house wife as well. If it is taken then for six months she will be entitled to get an additional compensation of Rs.3,000/-. The Tribunal did not accept the disability certificate which shows 25% disability. From the nature of fracture I too feel that disability cannot be taken at 25%. If it is taken at 10% M.A.C.A. 771 OF 2004 -:2:- and compensation is worked out the annual loss of earning capacity would be Rs.1,500/- and applying a multiplier of 16 it will be Rs.24,000/-. Over and above these she is also entitled to get some amount towards loss of amenities and enjoyment in life. Therefore I give Rs.5,000/- under that head. Since she is already awarded Rs.20,000/- under those heads, she will be entitled to Rs.9,000/- more. Therefore, the total additional compensation would come to Rs.12,000/-. On all other heads the amount awarded is reasonable and it does not call for any interference. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.12,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-