M P AYCHUMMA Vs. MUHAMMED BASHEER

JUDGEMENT

(1.) The claimant in O.P.(M.V).No.202/1998 before the Motor Accidents Claims Tribunal, Kalpetta, is the appellant herein. She is a 60 year old lady and a coolie by profession. She suffered injuries in an accident caused by the negligent driving of a vehicle driven by the 1st respondent, owned by the 2nd respondent and insured with the 3rd respondent. She filed the O.P.(M.V). claiming compensation for the injuries and consequent disability suffered by her in the accident. The Tribunal, after finding negligence on the part of the driver of the vehicle, awarded compensation under various heads as follows; <FRM>JUDGEMENT_299_LAWS(KER)3_20131.htm</FRM>

(2.) The contention of the appellant is that the Tribunal went wrong in fixing her notional income as Rs. 1,000/-. Further, the appellant contends that the compensation for pain and suffering is not commensurate with the injuries suffered by her. So also, no amounts have been awarded for loss of amenities in life, although the Tribunal had accepted 4% permanent disability is the last contention.

(3.) We have heard the learned counsel appearing for the insurance company also.