The court emphasized the need to consider age, nature of injuries, and loss of potential earnings in awarding compensation for accident-related injuries.

JUDGMENT

The petitioner in O.P.(M.V.) No.688 of 2017 on the file of the Motor Accidents Claims Tribunal, Pala, has preferred this appeal seeking enhancement of compensation awarded by the tribunal on account of the injuries sustained by her in a motor accident that occurred on 05.05.2017.

2. The case of the petitioner in brief is as follows:-

On 05.05.2017, at about 03.30 p.m., while the petitioner was travelling in a car bearing registration No.KL-35-E-5495 through Amballur-Kodakara NH-47, driven by the 1^st respondent in a rash and negligent manner, and when reached near Pudukkad Junction, the car hit against another car bearing registration No.KL-08-BD-3120. Due to the impact of the hit, the petitioner sustained serious injuries.

3. The owner-cum-driver of the offending car bearing registration No.KL-35-E-5495 was arrayed as the 1^st respondent, whereas the insurer was arrayed as the 2^nd respondent. The 2^nd respondent contested the petition and filed a written statement mainly disputing the quantum of compensation claimed, despite admitting insurance coverage for the offending car involved in the accident.

4. During trial, the documents produced from the side of the petitioner were marked as Exts.A1 to A11 and from the side of the respondent, no evidence was produced.

5. After the trial, the tribunal came to the conclusion that the accident occurred solely due to the rash and negligent driving of the car bearing registration No.KL-35-E-5495 by the 1^st respondent, and being the insurer, the 2^nd respondent was held liable to pay the compensation. The compensation was quantified at Rs.2,30,474/- with interest at the rate of 8% per annum from the date of petition till realisation and proportionate costs. Seeking enhancement of the said compensation awarded, the petitioner has come up with this appeal.

6. Heard the learned counsel appearing for both sides.

7. The learned counsel for the appellant would submit that the compensation awarded by the tribunal under various heads is too meagre, and such an amount was awarded without considering the gravity and nature of the injuries sustained by the petitioner in the accident. Per contra, the learned standing counsel for the respondent, insurance company, would submit that the compensation awarded by the tribunal under various heads is reasonable and adequate, and therefore the impugned award warrants no interference.

8. From the rival contentions raised, it is gatherable that the main dispute that revolves around this appeal is with respect to the quantum of compensation awarded by the tribunal. Admittedly, this is a case in which a 73-year-old lady met with an accident and sustained serious injuries. As evident from the impugned award, for the purpose of determining compensation under the head of permanent disability and loss of earnings, the tribunal assessed the monthly income of the petitioner at Rs.9,000/-. In the petition, it was averred that the petitioner was a poultry farmer and was earning a monthly income of Rs.15,000/- at the time of the accident. However, apart from making such an averment in the petition, no evidence whatsoever was produced from the side of the petitioner to substantiate her contentions regarding her occupation and income. Nevertheless, admittedly, the accident occurred in the year 2017. Therefore, having regard to the year of the accident in view of the decision of the Hon’ble Apex Court in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. [ (2011) 13 SCC 236 ], the tribunal ought to have assessed the monthly income of the petitioner at Rs. 11,000/- notionally. Moreover, it cannot be ignored that she was a 73-year-old mother. The value of the services rendered by her to the family, in her capacity as a mother and grandmother, cannot be undermined while assessing the income of the petitioner.

9. In order to prove that the petitioner suffered permanent disability due to the injuries sustained in the accident, a disability certificate issu