IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 MACA.No. 2028 of 2009(F) ----------------------- OPMV.563/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): (PETITIONER) --------------------------------- NARAYANI, AGED 69 YEARS, W/O.LATE ANANDAN NAMBIAR, ILLATH HOUSE, VIMALANAGAR P.O., OZHAKODI, MANANTHAVADY TALUK, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY RESPONDENT(S): (RESPONDENTS) ------------------------------------------ 1. ABDUL FAIZAL, AGED 24 YEARS, S/O.KUNHABDULLA, VATTAKULAM, MANANTHAVADY. (DRIVER OF THE MOTOR CYCLE NO.KL-12/9603 D.L.NO.597/01/W). 2. MOIDEEN, AGE NOT KNOWN, S/O.AMMAD, KOTTITHODUVIL, ELLUMANNAM POST, MANANTHAVADY. (DRIVER OF THE MOTOR CYCLE NO.KL-12/9603). 3. NEW INDIA ASSURANCE CO.LTD., M.G.T.BUILDINGS, KALPETTA, (POLICY NO.760604/31/04/02010 FROM 16/07/2004 TO 15/07/2006). ADV. SMT.P.K.SANTHAMMA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2028 OF 2009 = = = = = = = = = = = = = = = Dated this the 10th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV)563/04. The claimant, a 69 year old lady and a coolie by profession sustained injuries in a road accident and she has been awarded a compensation of Rs.16,950/- by the Tribunal with 6% interest. 2. Heard the learned counsel for the appellant as well as the insurance company. Learned counsel for the appellant also made available before me a discharge summary relating to the patient. The accident took place on 8.10.04 and she was an inpatient in the hospital up to 22.10.04 and there was a surgery done on 9.10.04 and it also reveals that there was implantation. Thereafter she was discharged and requested to review frequently. When a lady at the age of 69 sustains a fracture on the femur necessarily she would have been deprived of from doing anything for a period of M.A.C.A. 2028 OF 2009 -:2:- three months and therefore at the rate of Rs.1,500/-, Rs.4,500/- can be given as loss of earnings of which only Rs.2,000/- is granted and therefore she is entitled to an additional compensation of Rs.2,500/-. She was an inpatient in the hospital for 15 days and only Rs.500/- is seen given as bystanders expenses. It has to be enhanced by Rs.1,000/-. The lady has sustained a very serious fracture and had undergone agony being an inpatient in the hospital as well as her leg was under plaster cast for some length of time. I enhance the compensation for pain and sufferings by Rs.5,000/-. Similarly, at this age when a fracture is sustained to the femur it will definitely result in loss of amenities and enjoyment in life and there will be difficulties in day-today life also for which I enhance that amount by Rs.4,000/-, thus making an additional compensation of Rs.12,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.12,500/- with 7.5% interest on the said sum from the M.A.C.A. 2028 OF 2009 -:3:- 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/-