KOUSALIYA D/O KURUMBAN Vs. ASOKAN V S

JUDGEMENT

(1.) THE appellant herein is the legal heir of the deceased/ claimant. THE deceased/claimant claimed compensation for personal injuries suffered by her as a result of a motor accident which took place on 7/7/2003. Against a claim of Rs.1,35,000/-, the Tribunal awarded a total amount of Rs.34,900/- as compensation as per the details shown below: 1. Pain and suffering - Rs.12,000/- 2.Loss of earning (2 months) - Rs. 5,000/- 3. Clothing - Rs. 500/- 4. Transportation - Rs. 1,000/- 5. Treatment expenses (Bill Rs.7,385.14) - Rs. 7,400/- 6. Bystander's expenses - Rs. 1,500/- 7. Extra Nourishment - Rs. 500/- 8. Loss of enjoyment of amenities in life - Rs. 7,000/- ------------- Total - Rs.34,900/- ======

(2.) THE claimant expired after the award was passed and this appeal is preferred by her daughter describing herself as the 2nd appellant.

(3.) THE main thrust of the argument of the learned counsel is that no compensation has been awarded for disability suffered by the deceased/claimant as a result of the injury suffered. THE learned counsel relies on the disability certificate Ext.A21 issued by a Neuro Surgeon attached to the Brain & Spine Clinic, Thrissur, which shows that she had suffered permanent disability to the tune of 4% assessed on the mac bride scale. That Doctor did not evidently treat the injured/claimant. Post traumatic headache is the only disability perceived. THE Tribunal did not award any amount as compensation for reduction in earning capacity employing the multiplier-multiplicand method. A total amount of Rs.7,000/- was awarded as compensation for such disability/head ache suffered. THE amount awarded under this head is grossly inadequate, contends counsel.