K.M. BHUVANESWARI Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The claimant is the appellant. She suffered personal injuries in a motor accident which took place on 24.5.2008. She suffered fracture of the left distal radius. There was right sterno clavicular joint dislocation. She was an inpatient from 24.5.2008 to 28.5.2008(five days). According to her, she continued her treatment even thereafter. She had allegedly suffered permanent physical disability. A doctor who was examined as PW1 certified the extent of physical disability to be 16.1%. She claimed to be a teacher. According to her, her monthly income was Rs. 3,000.00.

(2.) The court below on an anxious consideration of all the relevant inputs directed payment of a total amount of Rs. 69,000.00 as per the details shown below. <FRM>JUDGEMENT_246_LAWS(KER)4_2012_1.html</FRM>

(3.) The appellant/claimant claims to be aggrieved by the quantum of compensation awarded. Called upon to explain the nature of the challenge that the appellant wants to mount against the impugned award, the learned counsel for the appellant first of all contends that the monthly income reckoned by the Tribunal at Rs. 2,500.00 is painfully low. Even reckoning the appellant as just a house-wife, following the dictum laid down in Laxmi Devi Vs. Mohammad Tabbar (2008 ACJ 1488) and Lata Wadhwa Vs. State of Bihar (2001) 8 SCC 197) at least Rs. 3,000.00 as claimed must have been reckoned as the monthly income. The loss of earnings has been awarded only for one month. Even taking a most reasonable and a modest view the injuries suffered must safely have been held to result in loss of earnings for a period of two months.