IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 1093 of 2001(B)
1. JAMEELA. N
... Petitioner
Vs
1. K. VIJAYENDRA KUMAR
... Respondent
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent :SRI.P.MURALEEDHARAN,SC INSURANCE
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :07/12/2007
O R D E R
J.B. Koshy & K.Hema, JJ.
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M.F.A.No. 1093 of 2001
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Dated this the 7th day of December, 2007
Judgment
Koshy,J.
Appellant/Claimant, at the age of 38, sustained injuries
in a motor accident. Appellant was travelling in a tourist car. The
car was hit by a bus. The tribunal found that the driver of the bus
was responsible for the accident as he was rash and negligent and
third respondent was directed to deposit the amount awarded. The
tribunal awarded only an amount of Rs.21,860/-. Quantum of
compensation alone is disputed in this appeal.
2. Ext.A7 is the wound certificate and Ext.A8 is the
index card issued from the Medical College Hospital, Calicut and
Ext.A9 scan report would show that as a result of the accident
injury was sustained to her forehead and she was treated in the
Medical College Hospital for about 21 days. Ext.A8 also shows that
she had clavicle fracture also. Ext.A9 would show that a foreign
body was seen in the scan of the right frontal portion and she had
cerebral oedema. Medical board certified 5% disability. Appellant
was aged 38 and she was a house wife. The tribunal calculated
M.F.A.No.1093/2001 2
compensation taking a monthly of Rs.750/- and adopting a multiplier
of 5. We are of the view that the valuable service done by a house
wife cannot be under-estimated. In this connection, we refer to the
decision of the Apex Court in Latha Wadhwa and aothers v. State of
Bihar and others ((2001) 8 SCC 197) wherein service of a house
wife was assessed at Rs.3,000/- per month. In this case, the
accident occurred on 10.10.1992. Considering the circumstances,
we fix Rs.1,500/- as the monthly income. If that be so,
compensation payable for permanent disability will be Rs.1500 x 12
x 15 x 5 = Rs.13,500/-. The tribunal has assessed only Rs.6,750/-
100
for disability and loss of earning power. Therefore, balance payable
will be Rs.6,750/-. She was totally bed-ridden for three months out
of which she was an inpatient for 21 days. Therefore, towards loss
of actual earnings, she is entitled to Rs.4,500/- three months’
income and loss of amenities for the above period of treatment. It
was argued that for medical expenses only Rs.307/- was awarded on
the basis of actual medical bills. She was an inpatient. Scan report
and other various examinations were conducted and there will be
many expenses not covered by bills. We award Rs.750/- towards
additional medical expenses. Thus, claimant will be entitled to an
M.F.A.No.1093/2001 3
additional amount of Rs.12,000/- over and above the amount
decreed by the tribunal. The above amount of Rs.12,000/- should be
deposited by the third respondent insurance company with 7.5 %
interest from the date of application till its deposit. On deposit of
the same, appellant is entitled to withdraw the same.
J.B.Koshy
Judge
K. Hema
Judge
vaa
M.F.A.No.1093/2001 4
J.B. KOSHY AND
K.HEMA,JJ.
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M.F.A. No. 1093 of 2001
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Judgment
Dated:7th December, 2007