Ramachandran Nair, J. M.A.C.A. No.638/2012 is filed by the claimant against the award passed by the Motor Accidents Claims Tribunal, Pala seeking enhancement of compensation. The claimant herein is also the first appellant in MACA No.687/2012.
The accident occurred on 18.12.2008 while the appellant was travelling along with her husband, on a motor cycle bearing registration No.KL-05/N 1047. The offending vehicle is a Maruthi Omni van bearing registration No.KL-36/A 175 which was being driven by the first respondent which hit against the scooter.
2. As a result of the accident, she sustained the following injuries:
“1. Pain and tenderness of left side of chest.
2. Fracture of 1st, 2nd, 5th and 7th ribs ®
3. Fracture of 5th and 8th ribs (L)
4. Fracture of superior pubic rami ® with hip fracture
5. Fracture of inferior public rami (L)
6. Fracture ® transverse process L-5
7. Contusion of lower lob of thorax and lungs She was immediately taken to the Medical College Hospital, Kottayam and thereafter to the Medical Trust Hospital, Ernakulam and was treated as an inpatient till 29.12.2008. She claimed that she was working as a Computer Programmer having a monthly salary of Rs.10,000/-.
3. The claimant was examined as P.W.2 and Exts.A1 to A32 documents were produced. Learned counsel for the appellant submitted that instead of Rs.10,000/- which is claimed as monthly income, the Tribunal has accepted notional income only at Rs.4,000/-. The evidence is to the effect that she was working as a Computer Programmer from 17.9.2007 in CCS Technologies (P) Ltd., Kottayam. P.W.1 is the General Manager of the said Company who was examined to support the case of the appellant. O.P.(MV) NO.167/2009 filed by the appellant was tried along with O.P.(MV) NO.168/2009 wherein the appellant along with the parents of the deceased, and the minor son are the claimants.
4. Going by paragraph 15 of the judgment, the view taken is that no substantial document is produced to show that the appellant was having a monthly income of Rs.10,000/-. But we find from Ext.A23 that it is clearly certified that she has been working in CCS Technologies Private Ltd. as Computer Programmer from 17.9.2007 and her CTC during December 2008 was Rs.10,000/- per month including allowances. It is also stated that she was on leave without pay for more than 11 months and she was not considered for salary increment which was due to her in 2009.
5. The academic qualification of the appellant is B.Com., with three Computer diplomas in her favour. We find that in the light of the documentary evidence as Ext.A23 coupled with the evidence of P.W.1, Ext.A23 could have been accepted by the Tribunal. The claimant's evidence is also there as P.W.2. There is no reason to reject the same. Therefore, the monthly income of the appellant can be arrived definitely as Rs.10,000/-.
6. The Tribunal has awarded compensation in the following manner:
Loss of earnings for three months - Rs. 12,000/-
Scanning & other connected expenses - Rs. 11,050/-
Pain and suffering - Rs. 15,000/- Continuing permanent disability - Rs. 60,480/-
Loss of amenities and enjoyment in life - Rs. 7,500/-
Total - Rs.1,81,630/-
========= The interest granted is at 7.5% per annum. Learned counsel for the appellant submits that the amount awarded towards pain and suffering is also too low. She was treated as an inpatient for a period of 42 days and it is clear that she was continuing her treatment as an outpatient also. Apart from the same, as regards the percentage of disability is concerned, there is no justification for limiting it to 7%. We find from the disability certificate issued by the Disability Assessment Board, Medical College Hospital that the disability is assessed at 17%. The same could therefore be accepted. Therefore, we refix the compensation in the following manner:
Loss of earnings for three months - Rs. 30,000/- (Rs.10000 x 3) Scanning & other connected expenses - Rs. 11,050/-
Pain and suffering - Rs. 30,000/- Continuing permanent disability - Rs.3,67,200/-
Loss of amenities and enjoyment in life - Rs. 10,000/-
Total - Rs.5,25,950/-
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7. Accordingly, the appeal is allowed and the claimant will be entitled to a total compensation of Rs.5,25,950/- with interest at the rate of 9% per annum from the date of petition till realisation. The insurance company is directed to deposit the entire amount awarded less the amount already deposited before the Tribunal.
8. As far as MACA No.687/2012 is concerned, here the appellants are the legal representatives of the deceased who was aged 30 years at the time of accident. Learned counsel for the appellants submitted that there was no justification for rejecting the salary claimed as far as the deceased is concerned. It is also submitted that the amount granted under various heads requires modification.
9. Learned Senior Counsel for the insurance company submitted that as on the date of accident, there was only an offer of appointment and even though P.W.1 was examined to support the case of the claimants, the same cannot be accepted legally. We are also of the view that since the deceased had not entered service and there was only an offer of appointment and even going by the evidence of P.W.1, he had not rendered any service to the organisation, it will not be correct to take the amount shown in the offer letter. It is also clear from the evidence of P.W.1 that the letter was issued after the death of the deceased also.
10. The monthly income notionally taken is Rs.4,000/-. He was a B.Tech degree holder. Therefore, it is only reasonable to take Rs.5,000/- as the notional income of the deceased. Therefore, the annual dependency will have to be taken as Rs.60,000/-and the loss of dependency will come to Rs.6,80,000/- (Rs.60,000/- x 2/3 x 17)Towards loss of consortium, we grant an amount of Rs.1 lakh and towards compensation for loss of love and affection also, we grant an amount of Rs.1 lakh. The compensation for funeral expenses is also enhanced to Rs.25,000/-. Accordingly, we refix the compensation as follows:
Loss of dependency - Rs.6,80,000/- Transport to hospital - Rs. 2,000/- Medical expenses - Rs. 13,412/-
Funeral expenses - Rs. 25,000/- Loss of love & affection - Rs. 15,000/- Pain and suffering - Rs.1,00,000/- Loss of consortium - Rs.1,00,000/-
Total - Rs.9,35,412/- (Rounded off to Rs.9,35,400/-
============ (Rupees Nine Lakhs thirty-five thousand and four hundred only) The appeal is thus allowed and the appellants will be entitled for a total compensation of Rs.9,35,400/- (Rupees Nine Lakhs Thirty-five thousand and Four hundred only) with interest at 9% per annum from the date of petition till realisation. The insurance company will deposit the amount within three months less the amount already deposited, if any, before the Tribunal. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE) (P.V.ASHA, JUDGE) kav/