Asha, J. Appellant, who is the claimant in O.P(MV) No.965 of 2009 before the Motor Accidents Claim Tribunal, Kollam, has filed this appeal claiming enhanced compensation. She has sustained injuries in a road accident while walking through Kollam- Thiruvananthapuram National Highway road on being hit by a car.
2. Heard the learned counsel appearing for either side.
The appellant has sustained the following injuries as seen from Ext.A4 wound certificate:
“Multiple abrasion over the finger of the right hand, right foot, both knees, left elbow and dislocation of elbow;
Abrasion over the scalp; Head injury sustained.”
She claimed Rs.4,000/- as her monthly income on being employed as a Cashew Worker. She was admitted in the hospital for a period of 8 days. As against a total claim of Rs.1,25,000/-, the Tribunal awarded Rs.12,800/- which was rounded off to Rs.13,000/-.
3. It is found that the compensation awarded by the Tribunal in almost all the heads are reasonable. However in view of the fact that she has sustained even head injury in the accident and was admitted in different hospitals as also she was unable to perform her duties, for a few months, we find that the amount awarded under the head `pain and sufferings' is too low. A sum of Rs.5,000/- alone is granted as against her claim of Rs.20,000/-. We refix it as Rs.15,000/-. The compensation awarded under the other heads is reasonable. The Tribunal has awarded interest only @ 7.5% per annum. In view of the judgment of the Supreme Court in Supei Dei(Smt.) & Ors. v. National Insurance Co.Ltd. And Anr. [(2009) 4 SCC 513], we refix it as 9% per annum.
4. Therefore we modify the compensation awarded under various heads as follows:
The Insurance Company will deposit the award amount of Rs.22,800/- (Rupees Twenty two thousand eight hundred only) along with interest @9% per annum, less the amount if any already deposited, before the Tribunal, within a period of three months and on such deposit being made, the claimant can withdraw the amount. No costs.
Sd/-
T.R.RAMACHANDRAN NAIR Judge rtr/ Sd/-
P.V.ASHA Judge /true copy/ P.S to Judge