Kerala High Court
Jaya Thomas vs Thomas V.P
Author: Siri Jagan
Bench: S.Siri Jagan, Babu Mathew P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
&
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
MONDAY, THE 11TH DAY OF FEBRUARY 2013/22ND MAGHA 1934
MACA.No. 1027 of 2006 ( )
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AGAINST THE ORDER/JUDGMENT IN OPMV.1150/2000 of MACT, IRINJALAKUDA
DATED 31.10.05
APPELLANT(S)/APPELLANT/PETITIONER IN OP(MV).:
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JAYA THOMAS, W/O.THOMAS,
VADASSERY HOUSE, KODASSERRY P.O., MUKUNDAPURAM TALUK.
BY ADVS.SRI.P.V.BABY
SRI.A.N.SANTHOSH
RESPONDENT(S)/RESPONDENTS IN OP(MV).:
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1. THOMAS V.P., S/O.POULOSE,
VADASSERY HOUSE, KODASSERY P.O., NAYANGADY.
2. ALIAS, S/O.VARGHESE,
MUTHANADAN HOUSE, THAMARACHAL, KIZHAKKAMBALAM
ERNAKULAM.
3. MANAGER, ORIENTAL INSURANCE CO.LTD.,
THRISSUR.
R3 BY ADV. SRI.S.MAMMU
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
11-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
S.SIRI JAGAN & BABU MATHEW P.JOSEPH, JJ.
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M.A.C.A.No. 1027 of 2006
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Dated this the 11th day of February, 2013
J U D G M E N T
Siri Jagan, J.
The claimant in O.P(M.V.).No. 1150/2000 before the Motor Accidents Claims Tribunal, Irinjalakkuda, is the appellant herein. She suffered serious injuries in an accident involving a vehicle owned and driven by respondents 1 and 2 and insured with the 3rd respondent. The appellant claimed compensation for the injuries and consequent disability suffered by her. The appellant was aged 35 years at the time of the accident and claimed to be tailor by profession. She claimed ` 3,000/- as her monthly income. But the Tribunal adopted only ` 1500/- as the notional income in the absence of any evidence regarding the appellant's income. The appellant produced a disability certificate certifying 12% disability and the doctor, who issued the same, was examined to prove the same. After considering the evidence adduced, the Tribunal awarded the following amounts as compensation:
M.A.C.A.1027/06 - : 2 :-
Amount
Head of claim awarded
`
1. Extra nourishment 1,200.00
2. Transport to hospital 300.00
3. Expenses for treatment 11,080.00
4. Loss of earnings 4,500.00
5. Compensation for pain and sufferings 8,000.00
6. Compensation for loss of amenities and happiness in life 3,000.00
7. Compensation for loss of earning power 23,040.00 (`1500 x 12 x 8 x 16) Total 51,120.00 A total amount of ` 51,120/- was so awarded. Dissatisfied with the quantum of compensation awarded, the appellant has filed this appeal.
2. According to the appellant, considering the injuries and consequent disability suffered by her, she is entitled to much more than the amounts awarded by the Tribunal.
3. We have heard the learned counsel for the Insurance Company as well.
4. On account of the accident, the appellant suffered the following injuries:
(a) Head injury,
(b) Fracture of both bones of the left hand,
(c) Fracture of nasal bone,
M.A.C.A.1027/06 - : 3 :-
(d) Bleeding from nose,
(e) Black eye left,
(f) Contusion and abrasion on both thighs, abdominal
area and all over the body.
Considering the nature of the injuries sustained, we are of opinion that the compensation for pain and sufferings of ` 8,000/- is on the lower side. We are inclined to enhance it to ` 15,000/-. The disability caused on account of the injuries, is to her left hand. Since the appellant claims to be a tailor, naturally, the disability to her left hand would adversely affect her ability to work as a tailor. It will also cause serious inconvenience to her day today life. Therefore, we are inclined to enhance the compensation for loss of amenities and happiness in life to ` 10,000/- instead of ` 3,000/-. For the same reason, we are inclined to adopt 12% as her disability for the purpose of calculating loss of earning power. Accordingly, the appellant is entitled to ` 34,560/- (` 1500 x 12 x 12 x 16/100) as compensation for loss of earning power instead of ` 23,040/-. Altogether, in addition to what has been awarded by the Tribunal, the appellant would be entitled to ` 25,520/- as additional compensation. The said amount would carry interest M.A.C.A.1027/06 - : 4 :-
at the rate of 9% per annum from the date of the claim petition till date of payment. The 3rd respondent insurance company is directed to deposit the said amount within two months.
The M.A.C.A. is disposed of as above.
Sd/-
S.SIRI JAGAN, JUDGE Sd/-
sdk+ BABU MATHEW P.JOSEPH, JUDGE
///True copy///
P.A. to Judge