LAWS(KER)-2018-2-691

LAKSHMI Vs. NATIONAL INSURANCE CO.LTD.

Decided On February 28, 2018
LAKSHMI Appellant
V/S
NATIONAL INSURANCE CO.LTD. Respondents

JUDGEMENT

(1.) This appeal is preferred against the award in O.P. (MV)No.475 of 2014 of the Motor Accidents Claims Tribunal, Palakkad, by the claimant. Appellant sustained serious injuries in a motor accident and the learned Tribunal awarded a sum of Rs. 2,35,100/- with 9% interest as compensation. Being dissatisfied by that, the injured preferred this appeal.

(2.) The learned counsel appearing for the appellant contended that the appellant is a maid servant and was earning an amount of Rs. 5,500/- per month, but for awarding compensation, the tribunal took only Rs. 3,500/- as her monthly income. The Doctor who treated the injured assessed 31% disability, but the learned Tribunal reduced it to 20%.

(3.) In this context, I may refer the decision of the Apex Court in Syed Sadiq and Others v. Divisional Manager, United India Insurance Company Limited (2014) 2 Supreme Court Cases 735 held as follows: