IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 978 of 2001(D)
1. YR.GORDIAN
... Petitioner
Vs
1. DEVASSY.K.V.
... Respondent
For Petitioner :SRI.P.V.BABY
For Respondent :SRI.P.JAYASANKAR
The Hon'ble MR. Justice K.PADMANABHAN NAIR
Dated :05/12/2007
O R D E R
K. PADMANABHAN NAIR ,J.
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M.F.A.No.978 of 2001
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Dated, this the 5th day of December, 2007
JUDGMENT
The petitioner in O.P.(MV) No.266/1993 on the file of the Motor
Accidents Claims Tribunal, Irinjalakuda is the appellant. Appellant sustained
injuries in a motor vehicle accident. She filed Original Petition claiming
compensation impleading the owners, drivers and insurers of three vehicles which
were involved in the accident. Tribunal found that accident occurred due to the
negligence of the first respondent. It also found that the appellant is entitled to get
Rs.36,220/- as compensation. The petitioner herself has filed this appeal
challenging the quantum of compensation.
2. The finding of the Tribunal that the accident occurred due to the
negligence of the first respondent and the appellant/petitioner is entitled to get
compensation and the insurer is liable to idemnify the insured have become final
and conclusive. The only question arising for consideration is whether the
appellant is entitled to get any additional compensation. The appellant was
working as a tutor in lab technology and getting a monthly honorarium of
Rs.1,650/-. To calculate the compensation due to permanent disability the
Tribunal took her income as Rs.1,000/-. Though she produced a disability
certificate which shows that she was having a disability of 8% the Tribunal fixed
the same as 6%. Appellant has produced medical bills for claiming an amount
MFA No.978/2001 -: 2 :-
of Rs.14,755/-. Since she has not produced separate vouchers and bills the
Tribunal awarded only Rs.10,000/-, for treatment expenses, by-standers expenses,
transportation expenses, etc. According to me the Tribunal ought to have awarded
at least Rs.13,000/- more towards disability, treatment expenses and other
inconveniences suffered by the appellant.
In the result, appeal is allowed in part. An award is passed in favour of the
appellant allowing her to recover an additional compensation of Rs.13,000/- with
6% interest per annum from the date of accident till the date of realisation. Second
respondent insurer is directed to deposit the additional compensation also. On
deposit the appellant can withdraw the entire amount.
K. PADMANABHAN NAIR,
JUDGE.
cks
MFA No.978/2001 -: 3 :-
K.PADMANABHAN NAIR, J.
M.F.A.No.978 of 2001
JUDGMENT
5th December, 2007.