IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 363 of 2004()
1. PARVATHY, D/O.LATE AMMASSE,
... Petitioner
Vs
1. MANAGING DIRECTOR, TAMIL NADU PACKING
... Respondent
2. M.SIVAKUMAR, S/O.MARANDAI, MOTTUR
3. NEW INDIA ASSURANCE COMPANY, BRANCH
For Petitioner :SRI.P.V.BABY
For Respondent :SRI.A.C.DEVY
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :29/05/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 363 OF 2004
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Dated this the 29th day of May, 2008
JUDGMENT
This appeal is preferred against the award of the Motor
Accident Claims Tribunal, Irinjalakuda, in OP(MV) 1184/95.
Appellant/petitioner aged 15 years alleged to be a coolie sustained
injury in a road accident. She had sustained a laceration of the fore
head and fracture of the clavicle right. She was treated in the
Medical College Hospital, Thrissur, for eight days. Doctor issued
Ext.A19 certificate fixing the disability at 10%. It was stated that the
fracture of right clavicle was malunited and there was partial
ankylosis of the right shoulder. The court below fixed the loss of
earning capacity at 5%. I feel that it is reasonable but at the same
time it should have taken the notional income taking into
consideration the rise in wages as time progresses. If the notional
income is taken at Rs.15,000/- and 5% disability is calculated, the
annual loss will be Rs.750/- if multiplied by 15 as proper multiplier, it
will be Rs.11,250/-. So she is entitled to an additional compensation
of Rs.2,250/-. The fact that the fracture of right clavicle was
MACA No.363/04 2
malunited and there was partial ankylosis of the right shoulder etc.
shows that there had been pain for the girl at the young age.
Therefore I feel that the compensation for pain and sufferings also
has to be enhanced at Rs.5,000/- i.e., an additional compensation of
Rs.3,000/-.
Therefore the MACA is partly allowed and the claimant is
entitled to an additional compensation of Rs.5,250/- with 7 % interest
on the said sum from the date of petition till realisation from the
respondents jointly and severally. The Insurance company is
directed to deposit the amount within a period of 60 days from the
date of receipt of a copy of this judgment.
M.N.KRISHNAN, JUDGE
vps