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Judgment
C.Jayachandran, J
The appellant is the claimant in O.P(M.V)No.620 of 2004 of the Motor Accident Claims Tribunal, Thalassery. She, a pedestrian, met with an accident on 27.04.2000, when she was knocked down by a car. The appeal is focused on seeking enhancement of the compensation amount allowed by the Tribunal.
Heard Sri.Sunil Nair Palakkad on behalf of the appellant and Smt.Rekha Nair on behalf of the second respondent/insurance company. Perused the records.
Although a compensation to the tune of Rs.1,12,000/- was claimed, the Tribunal granted only Rs.13,000/-. Having heard learned counsel appearing for the parties and perused the records, this Court finds that, no evidence has been adduced by the appellant/claimant to substantiate her claim for compensation of Rs.1,12,000/-. All what is seen produced is Ext.A2 wound certificate, along with Ext.A1 FIR. As per Ext.A2, the Tribunal noticed a fracture at lateral condole of top left, based upon which, a compensation of Rs.13,000/- is seen granted.
This Court finds little material to grant any substantial enhancement to the claimant/appellant. However, it is noticed that the loss of income of the claimant has not been reckoned. The claimant was hospitalized for 5 days. She suffered a fracture of left leg. The accident was of the year 2000. Going by the index available in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. [(2011) 13 SCC 236], it is reasonable to reckon an income of Rs.2,000/- per month. In view of the fracture of the left leg, this Court infers that the appellant/claimant had a loss of income for a period of two months and the compensation under that head would be Rs.4,000/-, calculated at the rate of Rs.2,000/- per month. This Court is also of the opinion that the compensation under the head 'pain and suffering' can be enhanced to Rs.10,000/- more, in as much as the claimant had suffered a fracture. A further sum of Rs.500/- is to be granted under the head bystander expenses calculated at Rs.200/- per day.
In the result, this M.A.C.A. is allowed and the compensation amount payable to the claimants/appellants is reworked and indicated in the tabular statement here below.
Sl.
No.
Head of Claim
Amount awarded by the Tribunal
Total amount after enhancement in appeal
1
Transport to Hospital
500
500
2
Medical Expenses
1000
1,000
3
Pain and Suffering
10000
20,000
4
Bystanders expenses
500
1,000 [200x5]
5
Extra Nourishment and Review Treatment
1000
1,000
6
Loss of Earnings
Nil
4,000
[2000x2months]
Total
13,000
27,500
Amount enhanced = Rs.27,500/ – Rs.13,000/ = Rs.14,500/-
The Insurance Company shall pay interest for the amount awarded by the Tribunal at the rate directed in the impugned award; and for the enhanced amount, at the rate of 7% from the date of petition. If any amount has already been paid, the same shall be granted set off.
The claimant shall produce the details of the Bank account before the Insurance Company/Tribunal within two months from the date of receipt of a certified copy of this judgment and the amount shall be transferred to the Bank account directly through NEFT/RTGS mode, within a period of one month thereafter. If the Bank account is not given within the time stipulated, it is made clear that, no interest shall run on the enhanced amount after the period stipulated by this Court. However, if the Insurance Company fails to deposit the amount, as directed, interest on the enhanced amount shall also run at the rate ordered by the Tribunal from the date of petition.
The appeal is allowed to the above extent.