Ramachandran Nair, J.
The award in O.P.(MV)No.3/2010 of the Motor Accidents Claims Tribunal, Irinjalakuda is under challenge by the claimant before the Tribunal. She was aged 41 at the time of the accident and a tailor by profession. The accident occurred in the Irinjalakuda Municipal bus stand on 22.08.2009. When she and her daughter were going through the bus stand, a stage carriage bearing Reg.No.KL-8/T 2917 hit against the claimant herein and her minor daughter Jasmine. The daughter was ran over by the bus and she died in the accident and regarding the same, O.P.(MV)No.1552/2009 was filed and a separate award was passed. As far as the present case is concerned, we are concerned with the compensation awarded to the claimant herein. As against the claim of ` 1,60,000/-, an amount of ` 1,19,850/ has been granted.
2. The learned counsel for the appellant submits that Ext.A8 certificate will show that she has got functional disability of 24.1% and a whole body disability of 12.41%. It is also submitted that the assessment of monthly income @ ` 3,500/- is not correct as the accident occurred in the year 2009 and Ext.A9 is the identity card issued by the Welfare Board of Tailoring workers. Ext.A6 disability certificate shows that the permanent disability is 12.41%. Due to non union of fracture of olecranon with loose bone fragment in elbow joint ( L), lateral instability of left elbow with deformity, limitation in the movement of flexion, shortening of 1 cm. of ( L) radius, tenderness in fracture site, weakness of grip strength to which functionally the petitioner has difficulty to rotate the forearm and to grasp objects.
3. As regards the monthly income, we are of the view that the claim made by the claimant is only moderate namely @ ` 4,500/- per month. The claim was not fully granted by the Tribunal by taking the view that the income of the petitioner before and after the accident is not proved. We are of the view that since the appellant/claimant is a self employed person, reasonable assessment can be made and accordingly we accept the amount claimed namely ` 4,500/- per month.
4. The Tribunal has assessed the compensation in the following manner :
5. Since there is permanent disability coupled with functional disability, we will be justified in awarding enhancement towards pemanent disability as well as loss of earning power. The evidence shows that she has difficulty to rotate the forearm and to grasp objects which has resulted in loss of amenities and loss of enjoyment of life to a considerable extent. In that view of the matter, we are re-fixing the compensation in the following manner :
6. The amount will carry interest @ 9% per annum from the date of petition. The claimant will pay the additional court fee for the total amount awarded before the Tribunal below. There will be a direction to the Insurance Company to deposit the amount less the amount already deposited before the Tribunal within a period of three months from the date of receipt of a copy of this judgment.
The appeal is allowed to the above extent. No cost.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.