DEVAYANI Vs. P.A. JOHN

JUDGEMENT

(1.) A coolie aged 42 who was knocked down by a motorcyclist on 04/10/03 approached the Tribunal claiming a sum of Rs. 1,45,000/ - as compensation against which the learned Tribunal awarded a sum of Rs. 33,574/ -, the adequacy of which is under challenge in this appeal. We have heard the Learned Counsel for the appellant and the Learned Counsel for the 2nd respondent Insurance Company.

(2.) THE appellant who sustained injuries was admitted to Moulana Hospital, Perinthalmanna where she had undergone treatment for four days. X -ray revealed that she had sustained compression fracture to L1 vertebrae. Towards pain and sufferings, the learned Tribunal awarded a sum of Rs. 10,000/ - which according to the Learned Counsel for the appellant is on the lower side. We are of the view that the appellant might have suffered pain for a long period on account of the compression fracture to her L1 vertebrae. So we are awarding an additional sum of Rs. 5,000/ - on that count.

(3.) IT was alleged in the claim petition that the appellant was earning a monthly income of Rs. 2,500/ -. The learned Tribunal has adopted only a sum of Rs. 2,000/ - as the monthly income of the appellant. We notice that the accident was of the year, 2003. So presumably the appellant might have earned at least Rs. 2,500/ - per month by engaging herself in any job. As already pointed out, the injuries might have compelled her to take rest at least for a period of three months and towards loss of earnings for the said period we award a sum of Rs. 7,500/ - as compensation.