IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 MACA.No. 1275 of 2007() --------------------------------- OP.(MV).NO.535/2005 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, OTTAPALAM ................................... APPELLANT/CLAIMANT ----------------------------------- CHACKKO, S/O.CHACKKO, KATTAKAKUTIYIL HOUSE, MUVATTUPUZHA. BY ADV. SRI.RAJIT ADV. SRI.RANJIT BABU RESPONDENTS/ RESPONDENTS ----------------------------------------------- 1. DILBAG SINGH, S/O.BHRURAM, CHATTHOR, JIND DISTRICT, HARIYANA STATE. 2. SUBASH, S/O.AMARNATH, P.O.CHATTOR, JIND DISTRICT, HARIYANA STATE. 3. THE ORIENTAL INSURANCE CO.LTD., SOBHA T.S.M. COMPLEX, RAILWAY STATION ROAD, PALAKKAD. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/08/2008, ALONG WITH MACA. NO.1280/2007 AND MACA. NO.1306/2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NOs. 1275, 1280 & 1306 OF 2007 = = = = = = = = = = = = = = = Dated this the 21st day of August, 2008. J U D G M E N T These appeals are preferred against the award of the Motor Accidents Claims Tribunal, Ottapalam in O.P.(MV) Nos.535, 529 and 537 of 2005. In O.P.(MV)No.535/05 the Tribunal has awarded a compensation of Rs.27,702/- and in O.P.(MV)No.537/05 the Tribunal has awarded a compensation of Rs.18,668/- and in O.P.(MV)No.529/05 the Tribunal has awarded an amount of Rs.30,000/-. It is submitted that the compensation awarded is inadequate in all these cases. 2. In O.P.(MV)No.535/05 the claimant had sustained lacerated wound on the forehead. He had avulsion of the upper 3rd right ear, cartilage fracture of nasal tip and split in the upper lip. He was treated as an inpatient in the hospital for five days and he had spent an amount of Rs.13,952/- towards medical expenses. I find that the Tribunal has M.A.C.A. NOs. 1275, 1280 & 1306 OF 2007 -:2:- awarded reasonable compensation under all heads. But it has not awarded any compensation for loss of earnings for this 55 year old coolie worker. The nature of injuries would establish that he was prevented from doing any work at least for a period of two months and therefore I enhance the compensation by Rs.4,000/- under that head. 3. The next case relates to O.P.(MV)No.537/05 and the claimant is a housewife aged 55 years. She sustained a compression fracture of D4 vertebra with flexion injury to the spine besides head injury with cerebral concussion. She was also treated in the hospital for five days and she had also produced a document to prove the disability at 10%. Unfortunately, the Tribunal did not accept any disability. It is to be remembered that for a 55 year old lady when she suffers a compression fracture of the vertebra and spine injury coupled with the head injury it is certain that it will certainly cause some disability for her. Being a housewife she has to do a lot of physical exertion and therefore I feel this is a case where at least 5% disability has to be taken. M.A.C.A. NOs. 1275, 1280 & 1306 OF 2007 -:3:- Even for a housewife a notional income of Rs.1,250/- can be taken per month and when it is calculated the annual loss of earnings will come to Rs.750/- which when multiplied by 8 would be Rs.6,000/-. She would not have been in a position to do any work for a period of two months. There would have been somebody to help her to attend the household work and for that I grant Rs.2,500/- under that head. The Tribunal has only awarded a consolidated sum of Rs.10,000/- towards pain and sufferings and loss of amenities and enjoyment in life. I feel the loss of amenities in this case would be much higher because of the injury of the vertebra and cervical spine and I grant Rs.2,000/- more as additional compensation under that head, thereby the claimant will be entitled to an additional compensation of Rs.10,500/-. 4. The next case is O.P.(MV)No.529/05. Here the claimant was a 44 year old driver who had sustained lacerated wound on the forehead, multiple abrasions over other parts of the body. He had an undisplaced fracture of right temporal nose and bleeding from the left ear. He was M.A.C.A. NOs. 1275, 1280 & 1306 OF 2007 -:4:- also in the hospital for 5 days. The investigation also showed that he had a fracture on the right temporal bone and crush injury to left ear and multiple facial injury. The Tribunal has not awarded any amount towards loss of earnings for a period of two months. I grant Rs.4,000/- as actual loss of earnings. Similarly, under the head of pain and sufferings it can be seen that the claimant had a fracture on the temporal bone with crush injury to the ear and therefore I enhance the compensation by Rs.3,000/- for pain and sufferings. So he is entitled to an additional compensation of Rs.7,000/-. In the result all the appeals are disposed of as follows: 5. In MACA 1275/07 the claimant is awarded an additional compensation of Rs.4,000/- with 6% 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. 6. In MACA 1280/07 the claimant is awarded an additional compensation of Rs.7,000/- with 6% interest on M.A.C.A. NOs. 1275, 1280 & 1306 OF 2007 -:5:- 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. In MACA 1306/07 the claimant is awarded an additional compensation of Rs.10,500/- with 6% 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/-