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Judgment
K. Ramakrishnan, J.—The claimant in O.P. (M.V). No. 1258/2007 on the file of the Motor Accidents Claims Tribunal, Kollam, is the appellant herein. The appellant filed the petition before the Tribunal claiming compensation for the injuries and consequential disability sustained by her in a motor accident caused on account of the negligent driving of a motor cycle by the 2nd respondent, owned by the 1st respondent and insured with the 3rd respondent. After considering the evidence on record, the Tribunal found that the accident occurred due to the negligent driving of the vehicle by the 2nd respondent and awarded a total compensation of Rs. 1,56,000/- on various heads as follows:
Dissatisfied with the quantum of compensation awarded, the appellant has come up before this Court with the above appeal.
The learned counsel for the appellant submitted that the appellant was aged 56 years at the time of accident and she was a housemaid and was getting more than Rs. 500/- per day as her income. The Tribunal has fixed only Rs. 3,000/- per month as notional income. Further, the amount awarded under the heads, loss of amenities, loss of earning capacity, pain and suffering bystander''s expenses etc. are also less, considering the nature of the disfigurement caused to her face. So according to him, the appellant is entitled to get enhancement on all the heads.
We have gone through the award of the Tribunal. The Tribunal, even without a disability certificate being produced, had taken 20% disability for assessing compensation under the head, continuing and permanent disability and awarded Rs. 64,800/-. Further though no evidence was adduced regarding the monthly income, the Tribunal has taken Rs. 3,000/- per month for a housemaid, which appears to be reasonable as well. The Tribunal has awarded Rs. 32,400/- under the head, loss of amenities. Considering the age and nature of injuries sustained, the amount awarded under the head also appears to be reasonable. The Tribunal has considered all the aspects and awarded reasonable amount under the heads, loss of earning, medical expenses, pain and suffering, bystander''s expenses etc. as well. We do not find any reason to award any enhancement under any of the heads as claimed by the appellant. There is no merit in the appeal and the same liable to be dismissed. We do so.