IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 MACA.No. 2715 of 2008() ----------------------- OPMV.3722/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S)/PETITIONER: -------------- THANKAM, AGED 56 YEARS, W/O. LATE BALAKRISHNAN, MELE CHAMAVIL HOUSE, GURUYOORAPPAN COLLEGE, POST, KOZHIKODE DIST. BY ADVS. SRI.V.S.CHANDRASEKHARAN SMT.PRAISHEEL PRAKASAM RESPONDENT(S)/RESPONDENTS: --------------- 1. M.C. MUHAMMED, S/O. AHAMMED KOYA, MUPPATTA CHALIL HOUSE, UNNIKULAM POST, KOZHIKODE DISTRICT. 2. THE UNITED INDIA INSURANCE CO. LTD., HEAD OFFICE: 24, WHITES ROAD, MADRAS. 3. VINOD KUMAR, THACHALATH HOUSE, CHELAVOOR POST, KOZHIKODE. 4. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, CHEROOTY ROAD, KOZHIKODE DIST. ADVS. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R4 SRI.K.T.SHYAMKUMAR FOR R1 SRI.THOMAS MATHEW NELLIMOOTTIL FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2715 OF 2008 --------------------------------- Dated this the 2nd day of February, 2009 JUDGMENT This is an appeal preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No.3722/2002. The claimant sustained injuries in a road accident and the tribunal had awarded a compensation of Rs. 3,500/- and directed United India Insurance Company to pay the amount. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the Insurance Company and perused the documents. A perusal of the award would reveal that she had produced medical bills for Rs. 2099/-. But the tribunal had not relied upon the same. A perusal of the wound certificate as well as the reference ticket would reveal that she had sustained a fracture of the 5th meta tarsal right and she was also reviewed on 20.4.99. So it is certain that she had sustained at least a small fracture and even as a house wife it will hamper her routine and regular work and therefore it is just and proper to award a total compensation of Rs. 7,000/- out of M.A.C.A. No. 2715/2008 -2- which Rs. 3,500/- is awarded. Therefore the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 3,500/- with 6% interest on the said sum from the date of petition till realisation. The 2nd respondent United India Insurance Company is directed to deposit the same within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm