IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 506 of 2004()
1. PARVATHY, W/O. ARAVINDAKSHAN,
... Petitioner
Vs
1. THE UNITED INDIA INSURANCE COMPANY LTD.,
... Respondent
For Petitioner :SRI.SANTHEEP ANKARATH
For Respondent :SRI.M.A.GEORGE
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :22/05/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 506 OF 2004
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Dated this the 22nd day of May, 2008
JUDGMENT
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Ottapalam, in OP(MV) No.487/02. The
appellant sustained injuries in a road accident and she has suffered
a fracture LE radius and also in the pelvis. She was treated as an
inpatient from 19.3.02 to 25.3.02. The Tribunal has awarded a total
compensation of Rs.32,350/-. It is against that decision the present
appeal is preferred.
2. Learned counsel for the appellant would submit before
me that being a poor coolie who has to toil hard by physical labour,
the fracture of the radius as well as the pelvis has caused her
substantial difficulty. Even in the absence of a disability certificate
the court should have taken into consideration those factors for
awarding compensation. Admittedly, the appellant is a labourer who
had sustained two fractures, which will affect her working capacity
not only as a labourer but also as a house wife. There is nothing
wrong in these type of cases to assess some disability and calculate
the loss of earning capacity to do justice to the party.
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3. After hearing both sides, It is only just and reasonable to
take the percentage of disability at 10% and calculate the
compensation. When the notional income of Rs.15,000/- is taken and
10% is the disability, the annual loss of earning power per year will
be Rs.1,500/- which if multiplied by 15 will be Rs.22,500/-. The court
has only granted a sum of Rs.4,000/- for the loss of amenities.
Therefore, I feel this is a fit case where an additional amount of
Rs.20,000/- has to be awarded as compensation to the claimant.
Therefore the MACA is partly allowed and the appellant is
awarded an additional compensation of Rs.20,000/- with 7% interest
on the said sum from the date of petition till realisation. The
Insurance Company is directed to deposit that amount within a period
of 60 days from today.
M.N.KRISHNAN, JUDGE
vps
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