SANTHAMMA JACOB @ SANTHAMMA v. THE MANAGER

BY ADVS. SRI.K.B.RAMANAND THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA NO. 1195 OF 2013 2 JUDGMENT The appellant was the petitioner in O.P.(M.V.) No.178/2010 on the files of the Motor Accident Claims Tribunal, Kottayam. The said claim petition was submitted by her seeking compensation for the injuries sustained to her in a motor accident that occurred on 19.09.2009. According to the appellant, the accident occurred when she was knocked down by a car bearing Registration No.KL 05/AA 1594 driven by the 2nd respondent in a rash and negligent manner. The said vehicle was owned by the 1st respondent and was insured with the 3rd respondent. The appellant was 46 years old at the time of the accident and was working as a Sweeper in a supermarket with a monthly income of Rs.4,000/-. The claim petition was submitted in such circumstances.

2. The 3rd respondent alone contested the matter by filing a written statement wherein they admitted the coverage of policy for the said vehicle. However, they disputed the negligence on the part of the driver and also opposed the MACA NO. 1195 OF 2013 3 quantum of compensation claimed.

3. The evidence in this case consists of Exts.A1 to A15 and Ext.X1 from the side of the appellant. No evidence was adduced by the respondents. After the trial, the Tribunal came to the conclusion that the accident occurred due to the negligence on the part of the 2nd respondent in driving the vehicle, and being the insurer, the 3rd respondent was held liable to pay the compensation. The quantum of compensation was fixed as Rs.2,46,653/- and the said amount was directed to be deposited with interest @ 7.5% per annum from the date of petition till realisation with proportionate cost. This appeal is submitted in such circumstances seeking enhancement of compensation.

4. Heard Sri.Gokul Ddas, learned counsel appearing for the appellant and Sri.K.B. Ramanand, learned counsel appearing for the 3rd respondent Insurance Company.

5. The only question that arises for consideration is whether any enhancement of compensation is to be granted MACA NO. 1195 OF 2013 4 or not. The main head in which the enhancement sought was for disability. Ext.X1 is the disability certificate issued by the Medical Board, wherein it was certified as 23%. Ext.A5 wound certificate and Ext.A6 discharge card would indicate that the appellant sustained fracture tibial condyle left and fracture spine L1, the lacerated wound left side of the scalp and abrasion over both elbow joints. This would indicate that she sustained very severe injuries, and the same has seriously affected her earning capacity. In paragraph 12 of the award, the Tribunal made certain observations about her physical condition when she appeared before the Tribunal. It was noted that she appeared on crutches and was weak and feeble. The Tribunal was also convinced that the nature of the injuries impaired the quality of life of the appellant. Ext.A15 is a letter issued by the Superintendent of Asraya Old Age Home, conducted by Malankara Mar Thoma Syrian Church, at Mallappally West P.O., Pathanamthitta, wherein it was mentioned that the appellant was an inmate in their old-age MACA NO. 1195 OF 2013 5 home from 09.12.2010 onwards. Even though no one from the said old-age home was examined to prove the same, I do not find any reason to discard the certificate. The aforesaid aspects would clearly indicate the physical condition of the appellant and the impact that has caused on her life. Ext.A14 is the certificate issued by one Monitor Services in which it is mentioned that she was engaged as a helper in a supermarket named ‘More for you Supermarket’, Kalathipady, Kottayam from 16.09.2009. The salary referred to therein was Rs.4,627/-. From the said documents, it can be reasonably assumed that the appellant lost her employment after the injuries sustained in the accident and now she is in an old age home, as there is no one else to look after. As far as the monthly income is concerned, the amount mentioned in Ext.A14 is Rs.4,627/- and considering the fact that the accident occurred in the year 2009, the said amount cannot be treated as unreasonable.

6. Thus, the documents indicate that the serious MACA NO. 1195 OF 2013 6 nature of injuries, which resulted in 23% physical disability, and the same affected her employment as a Sweeper. In such circumstances, I am inclined to consider functional disability for assessing the compensation. Thus, in the facts and circumstances of the case, I deem it to fix the functional disability as 46%. As the functional disability suffered by the appellant is high, I deem it appropriate to take into account the future prospects as well by assessing the compensation. This is particularly because, there is some evidence to show that, she is unable to pursue her avocation, which she used to carry on prior to the accident. Thus, while reassessing the compensation with the above revised criteria, the amount of compensation would come to Rs.4,15,060/- [(4,627 + 25% ) x (12 x 13 x 46/100)]. The amount already awarded by the Tribunal under the said head is Rs.1,43,520/- and thus, the additional compensation would come to Rs.2,71,540/-. In MACA NO. 1195 OF 2013 7 addition to that, considering the nature of disability and its consequences, I deem it appropriate to grant a further sum of Rs.10,000/- under the head of loss of amenities. The amounts awarded under the other heads appear to be reasonable. In such circumstances, the total additional compensation is determined as Rs.2,81,540/-. In the result, this appeal is allowed. The award dated

12.12.2012 passed by the Motor Accident Claims Tribunal, Kottayam in O.P.(M.V.) No.178/2010 is hereby modified by granting an additional compensation of Rs.2,81,540/- (Rupees two lakh eighty-one thousand five hundred and forty only) and the 3rd respondent is directed to deposit the said amount with interest at the rate as ordered by the Tribunal and proportionate cost within a period of three months from the date of receipt of a copy of this judgment. It is further clarified that the appellant shall furnish the details of the PAN card, Aadhar Card and bank details within a period of two months from the date of receipt of a copy of the award, to MACA NO. 1195 OF 2013 8 enable the Insurance Company to make the deposit as ordered above In case she fails to furnish the said details, it shall be open for the insurance company to deposit the same amount before the Tribunal. Sd/- ZIYAD RAHMAN A.A. JUDGE