IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 854 of 2000(B)
1. PADMAKSHY AMMA
... Petitioner
Vs
1. SWAMINATHAN
... Respondent
For Petitioner :SRI.T.M.SUNIL
For Respondent :SRI.MATHEWS JACOB (SR),SC INSURANCE
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :01/04/2008
O R D E R
J.B.Koshy & K. Hema, JJ.
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M.F.A.No.854 of 2000
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Dated this the 1st day of April, 2008
JUDGMENT
Koshy, J.
Appellant at the age of 50 sustained injuries in a motor accident
occurred on 21-5-1995. The Tribunal found that the accident occurred due
to the negligent driving of the driver of the vehicle insured by the 3rd
respondent Insurance Company. But, awarded only an amount of
Rs.38,550/- against a claim of Rs.3 lakhs. Only dispute is regarding the
quantum of compensation.
2. Medical certificate issued by Lecturer in Orthopedics, Medical
College Hospital, Trichur certified that there was 25% permanent
disability. The disability certificate reads as follows:-
“This is to certify that Mrs. Padmakshy Amma, 58
years, was admitted to this hospital on 21-5-95 with
fracture . Maxilla, compound fracture . olecranon with
dislocation of elbow, fracture head of radius, fracture
medial epicondyle, trochlea, fracture shaft of ulna . and
ulnar nerve injury. She was treated with wound
debridement, tension band wiring . olecranon and aboveMFA 854/2000 -2-
elbow pop slab and wiring for maxiller fracture by dental
surgeon. She was discharged on 31-5-1995 and continued
treatment as outpatient for about 3 months. She was
readmitted on 24-2-96 for removal of TB wire and
discharged on 29-2-1996.
Today 4th September, 1996 I have examined Mrs.
Padmakshy Amma and found physically handicapped due
to old injury . forearm and elbow.
Her disabilities include:-
1. Irregular adherent scar over . olecranon and
medical aspect of . elbow.
2. Painful limitation of . elbow movements beyond
90 degree flexion and 30 degree extension
3. Cross limitation of fore-arm rotation .
4. Clawing of . hand with persistent ulnar nerve
paralysis.
5. Stiff finger joints with weak grip . hand and
flexion deformity . little finger.
6. Malocclusion of teeth.
She is a . handed person and this amounts to a
temporary physical disability of 100% for initial 3 months
of injury and a permanent physical disability of 25% as
per Mc. Brides Schedule.”
3. Even though the Tribunal accepted the certificate, awarded
compensation only Rs.15,000/- towards permanent disability. According to
the claimant, she was a coolie and earing Rs.1,800/- per month. The
MFA 854/2000 -3-
Tribunal fixed only Rs.750/- per month. She was a house wife. The
Honourable Supreme Court in Latha Wadhwa and others V. State of Bihar
and others ((2001)8 SCC 197) held that even in the case of a house wife,
Rs.3,000/- could be taken as the monthly income of the claimant
considering her services to the family. On considering the facts and
circumstances of the case and the fact that the accident occurred n 1995, we
fix Rs.1,500/- as monthly income of the appellant. She was 50 years of age
at the time of accident. Therefore, compensation payable taking guidance on
the Second Schedule, 8 is an apt multiplier. So, compensation payable for
disability is Rs.36,000/- (Rs.1,500 x 12 x 25/100 x 8 = 36,000). Tribunal
awarded only Rs.15,000/-. Therefore, the appellant/claimant will be entitled
to Rs.21,000/- more for disability and loss of earning capacity.
4. She was under treatment for three months. She was hospitalized
for a period of 16 days. Tribunal granted an amount of Rs.2,250/-. Since we
have increased the monthly income to Rs.1,500/- from Rs.750/-, she is
entitled to additional amount of Rs.2,250/- towards loss of actual earnings.
We find that compensation granted under other heads are reasonable.
5. In the circumstances, the appellant/claimant will be entitled to
an additional amount of Rs.23,250/- over and above the amount granted by
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the Tribunal. The 3rd respondent Insurance Company is directed to deposit
the above amount with 7.5 % interest per annum from the date of
application till its deposit. On deposit of the above amount, the appellant is
allowed to withdraw the same.
The appeal is partly allowed.
J.B. Koshy, Judge
K. Hema, Judge
mn.
MFA 854/2000 -5-
J.B.Koshy & K. Hema, JJ.
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M.F.A.No. 854 of 2000
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JUDGMENT
1st April, 2008