High Court Kerala High Court

Parvathy vs The United India Insurance … on 22 May, 2008

Kerala High Court
Parvathy vs The United India Insurance … on 22 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 506 of 2004()


1. PARVATHY, W/O. ARAVINDAKSHAN,
                      ...  Petitioner

                        Vs



1. THE UNITED INDIA INSURANCE COMPANY LTD.,
                       ...       Respondent

                For Petitioner  :SRI.SANTHEEP ANKARATH

                For Respondent  :SRI.M.A.GEORGE

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :22/05/2008

 O R D E R
                         M.N.KRISHNAN, J.
                          --------------------------
                       M.A.C.A. No. 506 OF 2004
                            ---------------------
                 Dated this the 22nd day of May, 2008

                              JUDGMENT

This appeal is preferred against the award of the Motor

Accidents Claims Tribunal, Ottapalam, in OP(MV) No.487/02. The

appellant sustained injuries in a road accident and she has suffered

a fracture LE radius and also in the pelvis. She was treated as an

inpatient from 19.3.02 to 25.3.02. The Tribunal has awarded a total

compensation of Rs.32,350/-. It is against that decision the present

appeal is preferred.

2. Learned counsel for the appellant would submit before

me that being a poor coolie who has to toil hard by physical labour,

the fracture of the radius as well as the pelvis has caused her

substantial difficulty. Even in the absence of a disability certificate

the court should have taken into consideration those factors for

awarding compensation. Admittedly, the appellant is a labourer who

had sustained two fractures, which will affect her working capacity

not only as a labourer but also as a house wife. There is nothing

wrong in these type of cases to assess some disability and calculate

the loss of earning capacity to do justice to the party.

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3. After hearing both sides, It is only just and reasonable to

take the percentage of disability at 10% and calculate the

compensation. When the notional income of Rs.15,000/- is taken and

10% is the disability, the annual loss of earning power per year will

be Rs.1,500/- which if multiplied by 15 will be Rs.22,500/-. The court

has only granted a sum of Rs.4,000/- for the loss of amenities.

Therefore, I feel this is a fit case where an additional amount of

Rs.20,000/- has to be awarded as compensation to the claimant.

Therefore the MACA is partly allowed and the appellant is

awarded an additional compensation of Rs.20,000/- with 7% interest

on the said sum from the date of petition till realisation. The

Insurance Company is directed to deposit that amount within a period

of 60 days from today.

M.N.KRISHNAN, JUDGE
vps

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