Compensation for personal injuries in motor vehicle accidents must consider the severity of injuries, actual economic loss, and future implications on the claimant's life.

JUDGMENT

Jyothindranath, J.

This appeal is preferred by the claimant in O.P.(MV).No.2212 of

2005 on the files of the Principal Motor Accidents Claims Tribunal, Kozhikode.

2.When this appeal came up for admission, the learned counsel appearing for the appellant submitted before us that, here is a case where the appellant sustained very grievous injuries in a motor vehicle accident occurred on 1.8.2005. It is the submission that she was a pedestrian and was knocked down by a car and sustained fracture of the pterygoid plates as well as fracture of lateral wall of nasal cavities. There was also comminuted fracture of posterio lateral walls of both M.A.C.A.2319/2010 2 maxillari sinuses. It is also submitted that she was admitted in the hospital on 2.8.2005 and was discharged only on 6.8.2005. It is the further case of the appellant that she was working on daily wage basis in a handicraft emporium and was earning `3,500/- per month. It is also submitted that even though the claim was `2,00,000/-, the Tribunal awarded only a sum of `20,228/-. Aggrieved by the said quantum of compensation, this appeal is preferred.

3.The learned counsel, Sri.Jacob Mathew P., appearing for the insurance company submitted before us that, here is a case where the Tribunal awarded a just compensation. It is also the submission that no evidence was adduced by the appellant/petitioner to show that she is actually employed or earning any amount and further, it is submitted before us that, even though the appellant got a case that she sustained three fractures, it can be seen that she was treated as inpatient only for five days. Under such circumstances, the compensation awarded is a just compensation and an interference by M.A.C.A.2319/2010 3 this Court is not required.

4.After hearing the learned counsel and also after going through the award, we feel that the appeal itself can be considered at the admission stage itself. Since the liability of the insurance company is not disputed, the application to delete the first respondent is allowed.

5.In this case, the quantum of compensation alone is under challenge. It can be seen that the income of the injured- claimant is considered as `1,500/- The accident occurred in the year 2005. The positive case of the appellant is that she is a working woman. At the same time, no positive evidence adduced to substantiate the said claim. In our society, it is not unusual to see women labourers. Then considering the year of accident and the claim of the appellant that she is a working woman and earning `3,500/- per month, a monthly income of `3,000/- is fixed notionally, for assessment purpose. Therefore, we consider the monthly income of the appellant as M.A.C.A.2319/2010 4 `3,000/-. In this case, the appellant sustained three fractures. They are on the facial area. Moreover, the case of the appellant is that she is aged 28 years and she is also a spinster. Thus, the injuries on the facial area will adversely affect her marriage prospects. It is also to be noted that three fractures on the facial area will positively precipitate disfiguration even after heeling. It is also to be remembered that in the claim petition, she had stated that she is an unmarried woman aged 28 years. In such circumstances, disfiguration will adversely affect her marriage prospects. Thus, on the combined heads of disfiguration and adverse effect on marriage prospects, we are inclined to grant `25,000/-. It is granted. While granting the amount, we have kept in mind the fact that she is aged 28 years. The appellant sustained injuries on the facial area including the mouth as there is fracture to maxillari sinuses. Thus, she will need nutrient food as well as liquid food. Thus, an amount of `1,000/- awarded on the head of extra nourishment. The Tribunal awarded only `1,500/- towards loss of earning. Thus, the Tribunal considered only one month period to M.A.C.A.2319/2010 5 award the said amount. We have already found that the monthly income of the appella