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Judgment
K. Narayana Kurup, J.—In a road traffic accident which took place on 26.4.1996, a 37 years old female, who was a tailor by avocation,
sustained compound fracture of right leg, giving rise to P.A.C.T.O.P. No. 3190 of 1996 before the Motor Accident 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
annum from the date of petition till realisation . Aggrieved by the aforesaid award, the appellant-Claimant filed an appeal before this Court, which
came to be dismissed confirming the award of the Tribunal. Hence, this LPA. Having heard learned counsel or 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. 2000 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. 2000/-.
Considering her age 37, on a moderate estimate 10 can be adopted as multiplier. Reckoning 45% as the disability as certified in Ex.P.6 and
proved by PW3, we recalculate the compensation payable to permanent disability as follows:
Rs.2,000x12x10/100x45 = Rs. 1,08,000/-
The injury, namely, compound fracture of 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 and reasonable compensation for permanent disability. Likewise, for pain and suffering we award a sum of Rs.
10,000/- in lieu of Rs. 2000/-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 the appellant will be entitled to get a sun 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 annum from the date of petition till realisation. The Judgment of the learned
single Judge will stand modified to the above extent. The LPA is allowed as above.