IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 MACA.No. 1194 of 2009(C) ------------------------------ OPMV.1218/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): PETITIONER: -------------------------------- SARAMMA, AGED 60 YEARS, W/O.JOSEPH, NELLIKKAL HOUSE, THOTTEKKATTU DESOM, CHELAKKARA VIA, THONNURKKARA VILLAGE, THRISSUR. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENT(S): RESPONDENTS --------------------------------------- 1. PIUS P.J., S/O.JOSEPH, PUTHUR HOUSE, PUTHURUTHY P.O., MUNDATHICODE, THRISSUR (OWNER CUM DRIVER). 2. THE NEW INDIA ASSURANCE CO. LIMITED, PERINCHERY BUILDING, ROUND NORTH, THRISSUR 1, (POLICY NO.760301/31/05/08089 VALID FROM 1.9.2005 TO 31.8.2006) ADV. SMT.RAJI T.BHASKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1194 OF 2009 = = = = = = = = = = = = = = = Dated this the 18th day of December, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottapalam O.P.(MV)1218/06. The claimant, a 60 year old housewife sustained injuries in a road accident. She has been awarded a compensation of Rs.17,500/-. Dissatisfied with the same the claimant has come up in appeal. 2. A perusal of the award would reveal that the claimant had sustained a nasal bone fracture besides abrasions on the chin and other parts of the body. She was treated as an inpatient in the hospital for 5 days from 20.2.06 to 24.2.06. The fracture on nasal bone was confirmed. A perusal of paragraph 8 of the award would show that reasonable compensation almost under all heads has been awarded. It has to be remembered that a 60 year old lady who has sustained a nasal bone fracture with bleeding certainly would have suffered inconvenience, pain M.A.C.A. 1194 OF 2009 -:2:- and sufferings and loss of amenities and enjoyment in life for a considerable length of time. Therefore under the head of pain and sufferings I award an additional compensation of Rs.2,000/- and for loss of amenities I award yet another Rs.2,000/-. Thus the claimant will be entitled to an additional compensation of Rs.4,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.4,000/- with 8% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-