SHAHANA Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) When the appellant was travelling as a pillion rider behind her husband in a motorcycle, they were hit by a car, driven by the 1st respondent before the Tribunal, in a rash and negligent manner. The accident occurred on 5/1/2011. The appellant was taken to the Government Hospital, Changanacherry, from where she was taken for further treatment to St.Thomas Hospital, Chethipuzha. The appellant was aged 35 years at the time of the accident and according to her, she was working as a Tailor and earning Rs.6,000.00per month as income. In the claim petition preferred by the appellant, the Tribunal granted a compensation of Rs.2,85,330.00. Aggrieved by the award, the appellant has preferred this appeal seeking enhancement of the compensation.

(2.) Heard Smt.Bindu George, learned counsel for the appellant and Sri.P.K.Babu, learned counsel for the respondent.

(3.) The learned counsel for the appellant submitted that the Tribunal went wrong in adopting a notional monthly income of Rs.4,000.00. In the light of the fact that the accident happened in the year 2011, I find that the claim of income as Rs.6,000.00 made by the appellant is fully justified. The Medical Board constituted by the Superintendent of Medical College Hospital, Kottayam had assessed 22% permanent disability for the appellant. The appellant had suffered compression fracture in the first lumbar vertebrae, abrasion on right ankle and pain in the back. Ext.X1 is the disability certificate. According to her, the disability considerably affected her job as a Tailor.