Shahana vs New India Assurance Co Ltd

T.R.Ravi, J.

When the appellant was travelling as a pillion rider behind her husband in a motorcycle, they were hit by a car, driven by the 1st respondent before the Tribunal, in a rash and negligent manner. The accident occurred on 05.01.2011. The appellant was taken to the Government Hospital, Changanacherry, from where she was taken for further treatment to St.Thomas Hospital, Chethipuzha. The appellant was aged 35 years at the time of the accident and according to her, she was working as a Tailor and earning ₹6,000/-per month as income. In the claim petition preferred by the appellant, the Tribunal granted a compensation of ₹2,85,330/-. Aggrieved by the award, the appellant has preferred this appeal seeking enhancement of the compensation.

Heard Smt.Bindu George, learned counsel for the appellant and Sri.P.K.Babu, learned counsel for the respondent.

The learned counsel for the appellant submitted that the Tribunal went wrong in adopting a notional monthly income of ₹4,000/-. In the light of the fact that the accident happened in the year 2011, I find that the claim of income as ₹6,000/- made by the appellant is fully justified. The Medical Board constituted by the Superintendent of Medical College Hospital, Kottayam had assessed 22% permanent disability for the appellant. The appellant had suffered compression fracture in the first lumbar vertebrae, abrasion on right ankle and pain in the back. Ext.X1 is the disability certificate. According to her, the disability considerably affected her job as a Tailor.

On hearing the learned counsel for the appellant and the learned counsel for the respondent, I am of the opinion that the appellant is entitled to enhanced compensation. The notional monthly income is to be taken as ₹6,000/- and allowing 25% addition towards future prospects, the monthly income to be taken for the purpose of calculating compensation for permanent disability will be ₹7,500/-. The appellant will be entitled to a sum of ₹30,000/- towards loss of earnings. After deducting the amount of ₹20,000/- awarded by the Tribunal, the appellant will be entitled to an additional compensation of ₹10,000/- towards loss of earnings. The appellant will be entitled to a sum of ₹3,16,800/-(7500x12x16x22%) towards compensation for permanent disability. After deducting a sum of ₹1,68,960/- awarded by the Tribunal, the appellant will be entitled to an additional compensation of ₹1,47,840/- under the said head.

In the result, the appeal is allowed and the appellant is awarded an enhanced compensation of ₹1,57,840/- (Rupees one lakh fifty seven thousand eight hundred and forty only) with interest at the rate of 9% per annum from the date of filing of the claim petition (11.04.2011) till the date of realisation, with proportionate costs. The respondent insurer shall deposit the additional compensation granted in this appeal along with interest and proportionate costs, before the Tribunal within two months from the date of receipt of a certified copy of this judgment, after deducting any amount to which the appellant is liable towards balance court fee and legal benefit fund. The disbursement of the compensation to the appellant shall be in accordance with law.