P KALAVATHI Vs. G MURALI

JUDGEMENT

(1.) In a road traffic accident which took place on 26.4.96, a 37 years old female, who was a tailor by avocation, sustained compound fracture of right leg, giving rise to M.A.C.T. O.P. No.3190 of 1996 before the Motor Accidents Claims Tribunal, in which the Tribunal on appreciation of evidence brought on record, has awarded a sum of Rs. 55,100 as compensation with interest thereon at 9 per cent per annum from the date of petition till realisation. Aggrieved by the aforesaid award, the appellant-claimant had filed an appeal before this court, which came to be dismissed confirming the award of the Tribunal. Hence, this L.P.A.

(2.) Having heard learned counsel on both sides, we are of the opinion, considering the nature of the injuries suffered by the appellant, the amount of compensation is grossly inadequate. The break up of the sum of Rs. 55,100 awarded as compensation by the Tribunal is as follows: Loss of earning power for two months <FRM>JUDGEMENT_1298_ACJ_2003Html1.htm</FRM>

(3.) It is in evidence that the appellant is a tailor by avocation. It is also in evidence that she was earning a monthly income of Rs. 2,000. Considering her age as 37, on a moderate estimate 10 can be adopted as the multiplier. Reckoning 45 per cent as the disability as certified in Exh. P-6 and proved by PW 3, we recalculate the compensation payable for permanent disability as follows: Rs. 2,000 x 12 x 45/100 x 10 = Rs. 1,08,000