High Court Kerala High Court

Ponnamma vs Sajeev on 5 August, 2009

Kerala High Court
Ponnamma vs Sajeev on 5 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1631 of 2004()


1. PONNAMMA, W/O. BABY,
                      ...  Petitioner

                        Vs



1. SAJEEV, S/O. RAVEENDRAN,
                       ...       Respondent

2. SOMARAJAN PILLAI, S/O. GOPALA PILLAI,

3. THE BRANCH MANAGER,

                For Petitioner  :SRI.MANOJ RAMASWAMY

                For Respondent  :SRI.VPK.PANICKER

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :05/08/2009

 O R D E R
         K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ.

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                      M.A.C.A. NO: 1631 OF 2004
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               Dated this the 5th Day of August, 2009.

                                 JUDGMENT

K. M. Joseph J.

The appellant, a teacher by profession, aged 40 years met with an

accident resulting in serious injuries caused to her and she filed a

petition filed under Section 166 of the Motor Vehicles Act. The

Tribunal has awarded a total compensation of Rs.54,304/- against a

claim of Rs.1,50,000/-. Aggrieved by the quantum of compensation,

this appeal is filed.

2. Heard the learned counsel for the appellant and the learned

counsel for the third respondent Insurance Company.

3. Learned counsel for the appellant would contend that in

calculating the compensation, only the basic pay has been taken. The

M.A.C.A . NO: 1631 OF 2004
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net salary of the appellant is Rs.6,700/- and only Rs.5,125/- is taken,

which is the the basic pay. She further complains that the disability

shown in the disability certificate is 9%, but only 5% is taken by the

Tribunal. Towards pain and suffering Rs.5,000/- is awarded, against

the claim of Rs.33,000/-. Towards loss of amenities, the appellant is

awarded only Rs.18,000/-

4. Learned counsel for the Insurance Company supported the

award. He would also point out that having regard to the nature of the

injuries, which is fracture of the lower thumb of (L) humerous with

radial N palsy and the period of hospitalisation, there is no scope for

any further enhancement.

5. Admittedly, the appellant is a teacher in an aided school and

rejoined duty after the recovery. There is no warrant for any

compensation on the basis that the injury has resulted in her being

disabled from working and earning her income. She joined duty and

she can continue to work and earn salary till her retirement. The

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Tribunal actually awarded Rs.18,000/- applying multiplier method. If

disability compensation worked out with multiplier 8, the amount of

compensation will be Rs.14,400/-. As already noted, the Tribunal has

worked out amount of compensation at Rs.18,000/-. No doubt we

notice that the certificate issued by Orthopaedics Department of

Directorate of Medical Education, Trivandrum would show that the

appellant had:

“1.The fracture has united with excessive callus

2. Puckered scra 20 cm long over the posterior
aspect of (L) arm

3. Loss of 10% of flexion of (L) elbow

4. Weakness of (L) radial N with only Gr.IV power
of wrist finger extensors.”

6. We also feel that the amount awarded towards pain and

suffering of Rs.5,000/- is on the lower side. Having regard to the facts,

we feel that we should award a further amount of Rs.12,000/- more

under these heads.

7. Accordingly, this appeal is allowed and the appellant is

allowed to realise a sum of Rs.12,000/- along with interest at 7.5%

M.A.C.A . NO: 1631 OF 2004
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interest from the date of petition till the date of realisation from the

respondents.

K. M. JOSEPH, JUDGE

M. L. JOSEPH FRANCIS, JUDGE

dl/