IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 MACA.No. 939 of 2007() ---------------------- OPMV.863/2002 of PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OP(MV) ----------------------------------------------- AYISHA, W/O.ABDUL NAZAR, AGED 34 YEARS, RESIDING AT PALATHINGAL HOUSE, P.O.VENAPPARA, (VIA) KODUVALLY, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS: RESPONDENTS IN OP(MV) ---------------------------------- 1. K.C.MOOSA, S/O.ABOOBACKER, AGE NOT KNOWN, RESIDING AT KUNNUMMAL HOUSE, P.O.NADAMMAL POYIL, PUTHOOR, OMASSERY, KOZHIKODE. 2. RISVAN, S/O.MUHAMMED, AGE NOT KNOWN, RESIDING AT IDAKKAD HOUSE, P.O.OMASSERY, KOZHIKODE. 3. UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, WHITE LINES BUILDING, KALLAI ROAD, KOZHIKODE. BY ADV. SRI.RAJAN P.KALIYATH FOR R.3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 939 OF 2007 --------------------- Dated this the 19th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Principal Motor Accident Claims Tribunal, Kozhikode, in OP(MV) 863/02. The claimant, a lady aged 30 years, sustained injuries in a road accident. She had suffered lacerated wound over the scalp swelling over the left cheek, injury on the knee joint etc. She was treated as inpatient in the hospital from 15.12.01 to 20.12.01 and was discharged as relieved. She had also been advised to take some medicines for a period of 5 days. It is submitted that she is a sales girl by profession and the nature of injury sustained would have prevented her from doing any work for a period of one month. Therefore, I award Rs.2,000/- under the head of loss of earning. It can be seen that majority of her injuries were on the forehead, cheek etc. and suturing have also been done. Therefore, taking into consideration all these aspects, I award a sum of Rs.1,000/- more towards pain and suffering. Thus, the claimant will be entitled to an additional compensation of Rs.3,000/-. MACA No. 939/07 2 In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.3,000/- with 6% 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 vps MACA No. 939/07 3