PANKAJAKSHIAMMA Vs. VINOK KUMAR

JUDGEMENT

(1.) THE petitioner in O.P.(MV)No.515 of 2004 on the file of the Motor Accidents Claims Tribunal, Kottayam is the appellant. THE Tribunal passed an award for Rs.44,626/- directing the 2nd respondent, owner of the vehicle to pay the award amount with interest at 7% per annum. Complaining that the compensation awarded is inadequate, the appellant has approached this Court.

(2.) THE date of accident was on 14.1.2002. As a result of the accident, the petitioner sustained serious injuries. Immediately she was taken to the Govt. Hospital, Mavelikkara and later referred to the Medical College Hospital, Kottayam for treatment. Ext.A2 is the copy of accident register cum wound certificate issued from the hospital. THE record shows that the petitioner sustained serious injuries. THE petitioner was an inpatient in the Medical College Hospital, Kottayam for 21 days. She was treated by K-nailing and interfragnatory coupesion using 2 cortical screws as lag screws. THE petitioner was aged 65 years at the time of accident. She is a house wife. For the purpose of assessing compensation, the learned Judge assessed her monthly income as Rs.2,500/-. THE learned counsel for the appellant submits that for a house wife, the monthly income assessed for the purpose of compensation is more than Rs.3,000/- and Rs.2,500/- assessed by the learned Judge as monthly income is inadequate. I, accordingly, refix Rs.3,000/- as monthly income of the petitioner. THE learned Judge granted Rs.12,500/- as temporary loss of income for a period of five months on the basis of the assessment of monthly income at Rs.2,500/-. THErefore, a total amount of compensation under the head of temporary loss of income is modified. A sum of Rs.2,500/- is granted as additional compensation to the appellant.

(3.) THE learned counsel for the appellant relying on the decision of the Apex Court in Kusumlatha v. Satbir and others reported in AIR 2011 SC 1234 contended that the Insurance Company is liable to pay the compensation at the first instance and later can recover the amount from the owner of the vehicle. THE Apex Court held that the Insurance Company in similar cases has to pay and then recover the award amount from the owner of the vehicle. THE judgment was passed by the Apex Court confirming the direction issued by the same court in National Insurance Company Limited v. Swaran Singh and others reported in AIR 2004 SC 1531. In the light of the legal principles discussed above, it is directed that the Insurance Company shall pay the entire compensation to the appellant with liberty to recover the amount from respondents 1 and 2. In the result, the appeal is partly allowed. THE impugned award is modified to the extent as stated above. THE Insurance Company is directed to deposit the compensation amount by way of cheque within 10 (ten) weeks from today. No order as to costs.