IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 MFA.No. 409 of 2002() --------------------- OPMV.1345/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT: PETITIONER --------------------- KOUSALYA W/O.KANNAN,AGED 40 YEARS, ORUMADATHIL HOUSE,KALATHINPADI,P.O.PULPETTA BY ADV. SRI.S.V.BALAKRISHNA IYER (Sr.) SRI.P.B.KRISHNAN RESPONDENTS: RESDPONDENTS ------------------------- 1. NADUTHODIYL RADHAKRISHNAN @ UNNI, S/O.DAMODARAN,PANDIKAD P.O.,(DRIVER) 2. K.ABDUL KABEER S/O.ALAVIKUTY, KUTTASSERY HOUSE,P.O.THUVUR (OWNER) 3. ORIENTAL INSUURANCE CO. LTD.,CALICUT. R3 BY ADV. SRI.VPK.PANICKER THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.F.A.No.409 of 2002 ------------------------------------------------- Dated, this the 10th day of January, 2008 JUDGMENT Notice to respondents 1 and 2 dispensed with and the appeal itself is heard and disposed of after hearing counsel for the appellant and third respondent insurer. 2. The petitioner in O.P.(MV) No.1345/1997 on the file of the Motor Accidents Claims Tribunal, Manjeri is the appellant. The appellant sustained injuries in a motor vehicle accident. She sustained the following injuries: 1. Fracture ribs 3rd, 4th, 5th and 6th left 2. Fracture ilium right 3. Fracture pubic tubercle left Appellant filed Original Petition claiming compensation, impleading the owner, driver and insurer of the vehicle. The respondents disputed the negligence alleged against the driver. Quantum of compensation claimed also disputed. Tribunal found that the accident occurred due to the negligence of the driver of the vehicle. The Tribunal awarded a compensation of Rs.33,500/- and directed the insurer to pay the compensation awarded. Aggrieved by the quantum of compensation fixed by the Tribunal, the petitioner herself has filed this appeal. 3. The only question arising for consideration is whether the appellant is entitled to get any additional compensation. The appellant was aged 40 at the MFA No.409/2002 2 date of accident. She sustained fracture on her ribs, ilium right and pubic tubercle left. Considering all aspects of the matter I am of the view that in addition to the compensation already awarded the Tribunal ought to have awarded an amount of Rs.7,500/- more on the ground of loss of amenities since the appellant is a 40 year old lady. I do not find any reason to interfere with the quantum of compensation awarded on other counts. In the result, appeal is allowed in part. Appellant is allowed to an amount of Rs.7,500/- as additional compensation with 6% interest per annum from the date of petition till the date of realisation. Third respondent insurer is directed to deposit that amount also. On deposit the appellant can withdraw the entire amount. K. PADMANABHAN NAIR, JUDGE cks MFA No.409/2002 3 K.PADMANABHAN NAIR, J. M.F.A.No.409 of 2002 JUDGMENT January, 2008.