SANDHYA Vs. THRIVEDI BABU

JUDGEMENT

(1.) The appellant is the claimant in O.P.(MV) No. 526/2006 on the files of the Motor Accidents Claims Tribunal, North Paravur. The respondents in the original petition are the respondents in this appeal as well. Aggrieved by the amount of compensation awarded by the Tribunal, the appellant has preferred this appeal.

(2.) Before the Tribunal, the appellant contended that on 17/10/2005 at around 3:30 p.m., while her husband Padmakumar was driving a Maruti Omni van along the Alappuzha- Kollam National Highway with her and their two children, an Indigo car driven by the 2 nd respondent collided with their van near Maruthamukku, causing them serious injuries. The appellant alleged that the accident occurred due to the rash and negligent driving of the car by the 2nd respondent which is owned by the Chief Conservator (Development), Forest Headquarters the 1st respondent, and insured with the District Insurance Officer, Kerala State Insurance Department, the 3rd respondent. Accordingly, it was contended that respondents 1 to 3 are jointly and severally liable to compensate the appellant for the personal injuries sustained in the accident.

(3.) The appellant was a 36-year-old housewife who also worked as an LIC agent, at the time of accident. According to her, she was earning an income of Rs.7,500.00 per month. As a result of the accident, she sustained multiple injuries, including serious trauma to her right hip region. She suffered a pelvic fracture, dislocation of the right hip, and a comminuted fracture of the right femoral shaft. Due to these injuries, she experienced shortening of the right leg. She was treated as an inpatient at Amrita Hospital, Ernakulam, where she underwent multiple surgeries. She claimed a total compensation of Rs.46,95,000.00 under various heads. The husband of the appellant and the two minor children filed separate claim petitions.