MALLIKA, W/O. KOTTIKKAL DEVADAS v. NALINI, W/O. DR. P. M. K. NAIR
2017-02-08
C.K.ABDUL REHIM, SHIRCY V.
body2017
DigiLaw.ai
JUDGMENT : Shircy V., J. Dissatisfied with the quantum of compensation awarded to the claimant/injured in O.P.(MV) No.1464/2004 on the files of the Motor Accidents Claims Tribunal, Irinjalakuda, has come up with this appeal, seeking enhancement of compensation 2. The case of the appellant/claimant is that on 8.4.2004 she was riding as a pillion rider in a motor cycle bearing Reg. No.KL-8/L 8657. While so a Maruthi car bearing Reg. No. KL-9/A 2925 driven by the 2nd respondent came in a rash and negligent manner and hit against motor cycle and she was thrown on the road causing grievous injuries. Hence, m she filed the claim petition. 3. The Tribunal has awarded only an amount of Rs.68,500/- as compensation. 4. The accident as well as the insurance policy of the offending vehicle are admitted by the 3rd respondent Insurance Company. So also the finding of the Tribunal regarding the negligence of the offending vehicle driven by the 2nd respondent is not in dispute. The only challenge is with regard to the quantum of compensation awarded to her. According to the learned counsel though she sustained very grievous injuries, including fracture of both bones of her right leg, the compensation awarded is too meager and hence she prays for enhancement of the amount. 5. We heard the learned counsel for the appellant/claimant as well the learned Standing counsel for the 3rd respondent Insurance Company. 6. Ext.A5 is the discharge summary card which would show that she was treated as inpatient for 11 days as she had suffered comminuted fracture of both bones of right leg and also compound fracture of the distal phalanx of the right big toe. Apart from that she had also sustained lacerated wound on the right side of her face. The disability certificate issued by the Doctor who treated her would show that she suffered 13% disability. But the Tribunal has not granted any amount as compensation for the disability sustained by her. So also the amount granted as compensation for pain and sufferings undergone by her because of the injuries is on the lower side. Obviously, because of the injuries she had to suffer inconvenience and difficulties in life. But no amount has been granted as compensation for loss of amenities.
So also the amount granted as compensation for pain and sufferings undergone by her because of the injuries is on the lower side. Obviously, because of the injuries she had to suffer inconvenience and difficulties in life. But no amount has been granted as compensation for loss of amenities. Considering all these facts, we feel that the amount of compensation granted to the appellant is on the lower side and it is not just and reasonable and hence it has to be enhanced. 7. It is also to be noted that the notional income taken by the Tribunal is only 1500/- per month. As it is on the lower side, we enhance it as Rs.3500/- to refix the compensation to be awarded to the appellant. As she sustained fracture of both bones of right leg, definitely she is entitled to be compensated for loss of income at least for two months. As we have taken her income as Rs.3500/- per month, she is entitled to get an amount of Rs.7000/- as compensation for loss of income which would entitle her to get a further sum of Rs.5500/-. As mentioned above the amount granted as compensation for pain and sufferings is only Rs.6000/- which is on the lower side. Hence, we refix it as Rs.20,000/- which would entitle her to get a further sum of Rs.8,000/- under that head. So also under the head of loss of amenities only an amount of Rs.6,000/- has been granted. We fix it as Rs.20,000/- which would entitle her to get a further amount of Rs 14,000/-. The appellant was aged 44 years at the time of the accident. So the correct multiplier is 14. She has sustained 13% disability as evident by Ext A7. Since the Tribunal has not granted any amount as compensation for disability, we grant an amount of Rs.76440/-(3500x12x14x13/100) under that head. Therefore, the appellant is entitled to get a further amount of Rs.1,03,940/- as compensation. In the result, this appeal is allowed in part modifying the award by granting a further amount of Rs.1,03,940/- (Rupees one lakh three thousand nine hundred and forty only) as compensation. The said amount will carry interest at the rate of 7% per annum from the date of petition till realisation. The 3rd respondent Insurance Company shall deposit the entire amount with interest within two months from today.