IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA No. 64 of 2003()
1. GIRIJA K.K., W/O. RAMAKRISHNAN,
... Petitioner
Vs
1. A.VENKITAKRISHNAN, M/S.SRI.JAYANTHI
... Respondent
2. JOSHI MATHEW, S/O. MATHEW K
3. ORIENTAL INSURANCE CO.LTD.,
For Petitioner :SRI.G.BALAMURALEEDHARAN (PARAVUR)
For Respondent :SRI.ANCHAL C.VIJAYAN
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :13/09/2007
O R D E R
J.B. KOSHY & K.HEMA, JJ.
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M.A.C.A.No. 64 of 2003
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Dated this the 13th day of September, 2007
Judgment
Koshy,J.
The appellant/claimant sustained serious
injuries while she was travelling in a bus driven by the
second respondent. She claimed a compensation of Rs.One
lakh. Only Rs.45,500/- was awarded as compensation,
though tribunal found that the accident occurred due to
the negligence of the driver of the bus and the bus was
insured by the third respondent insurance company. As a
result of the accident, claimant had lacerated wound on
the forehead, lacerated wound on the left side of upper
lip and fracture of both bones of the left lower limb.
Ext.A5 certificate shows that as a result of the fracture
of both bones of the left lower limb, she had 14%
permanent disability. Since the doctor was not examined
for proving the same, the tribunal did not rely on the
same, but, awarded only Rs.5,000/- for disability and
M.A.C.A.No.64/2003 2
loss of earning power. According to the claimant, she
was a tailor by profession and even if that is not
proved, service of a house wife to the family also cannot
be considered as valueless. The tribunal has fixed
Rs.1,500/- as the notional income. It is not disputed
that the appellant had fracture of both fibula and tibia
of left leg. It will have swelling etc. Even though 14%
disability certified need not be accepted, the Tribunal
would have at least fixed 7% disability. Since the
claimant was aged 31, 16 can be taken as the multiplier
and compensation can be fixed as Rs.1500 x 12 x 16 x 7
100
= Rs.20,160/-. After deducting Rs.5,000/- granted by the
tribunal additional compensation payable will be
Rs.15,160/-. Even though it was argued that the
compensation granted under other heads are very meagre,
we are not inclined to enhance the same considering the
injuries suffered by the claimant. The above additional
amount of Rs.15,160/- shall be deposited by the third
respondent insurance company with 7.5% interest from the
M.A.C.A.No.64/2003 3
date of application till its deposit. On deposit of the
amount, appellant is allowed to withdraw the same.
J.B.KOSHY
JUDGE
K. HEMA
JUDGE
vaa
M.A.C.A.No.64/2003 4
J.B. KOSHY AND
K.HEMA,JJ.
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M.A.C.A.NO. 64 OF 2003
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Judgment
Dated:13th September, 2007