IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 MACA.No. 323 of 2010() -------------------- OPMV.260/2006 & 325/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM ................ APPELLANT / PETITIONER : ------------------------------------- ROSY JOSE, AGED 60 YEARS, W/O.JOSE V.V. VALLUPPARA HOUSE, PARAKULAM ROAD, CHIYYARAM PO. BY ADV. SRI.SHEJI P. ABRAHAM RESPONDENTS / RESPONDENTS : ----------------------------------------------- 1. DILEEP, S/O.ANTONY, THOLATH HOUSE, VADOOKKARA DESOM KOORKKANCHERY VILLAGE, THRISSUR. 2. SURABHI T.K., D/O.KUMARAN, THACHAPPILLY HOUSE, CHALISSERY P.O., THRISSUR. 3. THE NEW INDIA ASSURANCE CO.LTD, DIVISIONAL OFFICE, THRISSUR. (POLICY NO. 760300/31/05/61107 VALID FROM 10/06/2005 TO 9.6.2005) BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.323 OF 2010 ............................................. Dated this the 20th day of October, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Ottapalam in O.P.(MV)No.260/2006. The claimant, a 60 year old house wife, sustained injuries in a road accident and she has been awarded a compensation of Rs.26,600/=. Dissatisfied with the same, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant. A perusal of the award especially para-7 would reveal that she was treated as an inpatient in a hospital from 2.1.2006 to 11.1.2006. She had cerebral concussion, haematoma fracture on the temporal bone and sprain on the neck. The scan report revealed left temporal lobe haemotoma contusion. She had expended Rs.11,100/= towards medical expenses. 3. Considering the nature of injury i.e., fracture on the temporal bone and sprain on the neck and the period of treatment, I am inclined to grant Rs.5,000/= more towards pain and sufferings. Similarly at the age of 60, the injury : 2 : M.A.C.A.NO.323 OF 2010 would have caused her temporary disability and loss of amenities and therefore, I enhance that also by Rs.3,000/=. Further it can be seen that she would not have been in a position to work for three months, towards which I allow a further sum of Rs.3,000/= making a total additional compensation of Rs.11,000/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.11,000/= with 7.5% interest on the said sum from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.323 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 8th day of October, 2010. J U D G M E N T