IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 MACA.No. 1394 of 2006() ----------------------- OPMV.1298/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: -------------------------------------- KALLYANI, W/O. VELAYUDHAN, AGED 50 YEARS, THATTASSERI HOUSE, P.O.THENJIPPALAM, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. SHIBU, S/O. RAVEENDRAN, 25 YEARS, CHERUVAYIKKAN AMSOM, PULAYANNURKOTTA, THIRUVANANTHAPURAM. 2. P.K.SYAMALA, W/O. PADMALAYAN, "ASHIRWAD", P.O.PALACHIRA, VARKALA, THIRUVANANTHAPURAM. 3. THE UNITED INDIA INSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, MANJERI. ADV. SRI.JOHN KOSHY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.1394 OF 2006 ===================== Dated this the 18th day of August 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri inO.P.(MV)No.1298 of 2001. The claimant, a 45 year old coolie by profession, sustained injuries in a road accident. She had suffered (1) cervical spine contusion, (2) lacertated wound scalp sutured and (3) lacerated wound painful swelling left side of the neck. The Tribunal did not grant her any compensation for loss of earning or for loss of amenities and enjoyment in life. It can be seen that she is a person who has sustained contusion on the cervical spine with wound on the scalp. The Tribunal did not fix any income. But, taking into consideration the fact that she had a problem with the spine as well as on the scalp with another swelling on the left side of the neck, it would have prevented her from doing any work for a period of 6 to 8 weeks. I award her Rs.3,000/- under that head. Certainly these type of injuries would cause temporary loss of amenities and enjoyment in life for which I grant her Rs.3,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.6,000/-. MACA 1394/2006 -:2:- Therefore the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,000/- with 6% interest on the said sum from the date of petition till realisation and the 3rd respondent insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-