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Judgment
K. Narayana Kurup, J.—In a road traffic accident which took place on 26.4.96, a 37 years old female, who was a tailor by avocation,
sustained compound fracture of right leg, giving rise to M.A.C.T. O.P. No. 3190 of 1996 before the Motor Accidents Claims Tribunal, in which
the Tribunal on appreciation of evidence brought on record, has awarded a sum of Rs. 55,100 as compensation with interest thereon at 9 per cent
per annum from the date of petition till realisation. Aggrieved by the aforesaid award, the appellant-claimant had filed an appeal before this court,
which came to be dismissed confirming the award of the Tribunal. Hence, this L.P.A.
Having heard learned Counsel on both sides, we are of the opinion, considering the nature of the injuries suffered by the appellant, the amount of
compensation is grossly inadequate. The break up of the sum of Rs. 55,100 awarded as compensation by the Tribunal is as follows:
Loss of earning power for
two months-
Rs. 2,000 x 2 Rs. 4,000
Travel expenses Rs. 100
Extra nourishment Rs. 1,000
Private treatment Rs. 1,000
Compensation for pain
and suffering Rs. 2,000
Compensation for
permanent disability Rs. 45,000
Compensation for loss
of earning power Rs. 2,000
___________
Rs. 55,100
___________
It is in evidence that the appellant is a tailor by avocation. It is also in evidence that she was earning a monthly income of Rs. 2,000. Considering
her age as 37, on a moderate estimate 10 can be adopted as the multiplier. Reckoning 45 per cent as the disability as certified in Exh. P-6 and
proved by P.W. 3, we recalculate the compensation payable for permanent disability as follows:
Rs. 2,000 x 12 x 45/100 x 10 = Rs. 1,08,000
The injury, namely, compound fracture of the right leg (tibia) to a person who is a tailor by profession will be certainly a debilitating one. We
take note of the fact that most of the sewing machines are pedal-operated. Therefore, the aforesaid amount of compensation, namely, Rs.
1,08,000 in our considered opinion, is a fair, just and reasonable compensation for permanent disability. Likewise, for pain and suffering we award
a sum of Rs. 10,000 in lieu of Rs. 2,000 and we award a further sum of Rs. 10,000 as compensation for loss of amenities in life. Compensation for
other heads are confirmed.
In the result, we hold that appellant will be entitled to get a sum of Rs. 1,36,100 as compensation. Accordingly, we pass an award for a sum of
Rs. 1,36,100 which will bear interest at the rate of 9 per cent per annum from the date of petition till realisation. The judgment of the learned single
Judge will stand modified to the above extent.
The L.P.A. is allowed as above.