IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 MACA.No. 1692 of 2004() ----------------------- OPMV.1689/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT:PETITIONER: ---------------------------------------- LILLY, W/O.BABY, KAYAMAKKAL HOUSE, P.O.KARIKKOTTAKKARI. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT:RESPONDENT NO.3: ------------------------------------------------------ UNITED INDIA INSURANCE CO.LTD., THALASSERY. BY ADV. SMT.P.K.SANTHAMMA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.1692 OF 2004 ===================== Dated this the 8th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thalassery in O.P.(MV)No.1689 of 1999. The claimant, a 35 year old labourer by profession, sustained fracture of the 5th rib and was treated as an inpatient in the A.K.G.Memorial Co-Operative Hospital, Kannur from 28.5.1998 to 8.6.1998. The Tribunal awarded a consolidated amount of Rs.5,000/- and it is against that decision the present appeal is filed. 2. The fact remains that she was treated as an inpatient in the hospital for a period of 11 days and had incurred an amount of Rs.1,600/- for the same. Being a coolie by profession as well as a house wife, there would have been some difficulty for her to attend the day-to-day work. Towards loss of earning for one month, I grant Rs.1,500/-. Towards medical expenses evidenced by Ext.A3 I grant her Rs.1,600/-. Towards bystander expenses, damage to clothing and extra nourishment, I grant her an amount of Rs.1,200/-. Towards pain and suffering, I grant her Rs.4,000/-. Certainly MACA 1692/2004 -:2:- this fracture would have caused her difficulty in doing the work as well as attending to the work of a house wife in the day-to-day activities for which I grant her an amount of Rs.2,500/- totalling Rs.10,800/-. The Tribunal has already awarded Rs.5,000/-. Deducting that amount, the claimant will be entitled to an additional compensation of Rs.5.800/-. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.5,800/- with 7% interest on the said sum from the date of petition till realisation. The 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/-