BEENA THOMAS Vs. E. SHAJAHAN AND ORS.

JUDGEMENT

(1.) THIS appeal is filed by the claimant, injured. She was aged 23 at the time of the accident which occurred on 20.9.2003. She was travelling in a bus from Anchalummoodu to Ashtamudi on the said fateful day and when the bus reached near Managalathukavu temple, a lorry driven by the second respondent having Reg. No. KL -4D/1173 which came from the opposite direction hit the bus. She sustained Type III A compound fracture of shaft of humerus on her left hand and sustained fracture on the shoulder. She had to undergo treatment in the Medical College Hospital intermittently and had underwent different surgeries also.

(2.) GOING by the plea raised by the appellant, she continued her outpatient treatment upto November 2006. At the time of the accident she was working as a Receptionist in Adudabi and had valid permit and visa upto the year 2005. The same is supported by Ext. A8 employment certificate and Ext. A9 passport details.

(3.) AS against the claim of Rs. 10 lakhs, the Tribunal has granted Rs. 1,44,135/ -. While advancing his arguments, the learned counsel for the appellant submitted that the Tribunal has not accepted Exts. A8 and A9 for assessing the compensation. It is submitted that a notional income of Rs. 3,000/ - alone has been taken in spite of the evidence, namely oral and documentary. The appellant was examined as P.W. 1 before the Tribunal and she has explained all aspects concerning her employment details, details of the injury as well as the disabilities sustained. It is submitted that from Ext. A10 disability certificate, it can be seen that the permanent partial disability -orthopaedic is 12% and neurological disability is 15%.