IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 MACA.No. 619 of 2009() ---------------------- OPMV.1016/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT: ------------------- KALLYANI, W/O.BALAN, AGED 54 YEARS, KALLATTU THAZHATH VEEDU, P.O.ERANHIKKAL, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS: ------------------------ 1. A.K.FAIZAL, S/O.HASSAN, AGED NOT KNOWN, ANDIYANKANDY HOUSE, PUTHIYANIRATH, P.O.ELATHOOR, KOZHIKODE. 2. NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN,J. ====================== M.A.C.A No.619 OF 2009 ====================== Dated this the 17th day of March 2010. JUDGMENT This is an appeal preferred against award of the Motor Accidents Claims Tribunal, Kozhikode in O.P(MV). No.1016/2004. The claimant a 50 year old house made sustained injuries in a road accident and she has been awarded compensation of Rs.10,500/-. Dissatisfied with the same she has come up in appeal. 2. Heard the learned counsel for the appellant as well as the Insurance Company. 3. The learned counsel for the appellant has made available before me all the documents. It would reveal that the claimant had an injury on the left knee, abrasion on the right elbow and there was mobilisation of two of the teeth as well. Therefore, she was admitted in the Government General Hospital, Kozhikode and was treated as an impatient from 5.4.2003 to 30.4.2003 (25 days). The M.A.C.A No.619 OF 2009 2 investigation revealed that she had sustained a fracture of the left patella. The treatment certificate also establishes the same. The Tribunal did not consider the fracture of patella seriously at all and awarded only an amount of Rs.10,500/-. I feel the claimant is entitled to additional compensation under the following heads:- 4. Only medical and incidental expenses of Rs.2,500/- has been granted whereas the claimant was in the hospital for inpatient in 25 days. Therefore, I grant 1,000/- more under that head. At the age of 50 the claimant had sustained fracture of patella and inpatient for 25 days and there was other injuries on the teeth as well including mobility of teeth. Therefore, I enhance the compensation of pain and suffering by Rs.5,000/-. Certainly, she would not have been in a position to do any work for a period of three months at the rate of Rs.1,500/- per month an additional compensation of Rs.2,000/- is granted. (i.e.,4500-2,500) Certainly, it would have resulted in loss of amenities and enjoyment of life at least for a reasonable time, for which I M.A.C.A No.619 OF 2009 3 award a sum Rs.2,000/-. Therefore, the claimant is entitled to additional compensation of Rs.10,000/-. In the result, M.A.C.A is partly allowed and the claimant is awarded additional compensation of Rs.10,000/- with 7% interest on the said sum from the date of petition till realisation and respondent Insurance Company is directed to deposit the said amount within a period of 60 days from the date of the receipt of copy of this judgment. M.N.KRISHNAN,JUDGE. mns