IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 MFA.No. 336 of 2003(B) ---------------------- OPMV.833/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT: PETITIONER: ---------------------- OMANAKUTTY AMMA, AGED 67 YEARS, W/O. KOCHUKRISHNA PILLAI, AISWARYA (SINDOORAM), VADAKKUMMURI, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.K.K.CHANDRAN PILLAI SMT.J.VIDYALAKSHMI RESPONDENTS: RESPONDENTS: ------------------------- 1. T.G.MOHAN KUMAR, AGED 37 YEARS, S/O. GOPALA PILLAI, THENGUMTHOTTATHIL, MANAKADU KARA, THODUPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. 2. THE MANAGING DIRECTOR, K.S.R.T.C, THIRUVANANTHAPURAM. BY ADV. SRI.JOHNSON P JOHN,SC,KSRTC THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A. No. 336 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of April, 2008 JUDGMENT Koshy, J. Appellant sustained injuries in a motor accident at the age of 62. She suffered the following injuries:- 1. Contusion on the left forehead, the right knee, the left leg, the big toe and the right eye brow, and the hip. 2. Pain and tenderness over the right side of the hip. 3. Lacerated wound on the right ankle. 4. Fracture of the proximal phalanx of the right big toe. Against a claim of Rs.75,000/-, the Tribunal has awarded only Rs.6,600/-. The Tribunal awarded only Rs.300/- for medical expenses. She was treated as an inpatient for six days. He continued treatment thereafter as an outpatient. There was fracture of proximal phalanx of the right big toe. Towards medical expenses even though bills for Rs.2,158/- were produced, the Tribunal granted only Rs.300/- under this head. Rs.2,500/- ought to have been granted under this head. If that be so, the appellant will be entitled to additional amount of Rs.2,200/- under this head. For loss of MFA 336/03 -2- amenities and for disability that occurred at the old age of 62, no amount was granted. For pain and suffering Rs.5,000/- was awarded. We are of the view that for permanent disability and consequential loss of amenities and disability another Rs.5,000/- should be awarded. 2. Therefore, the appellant is entitled to Rs.7,200/- over and above the amount awarded by the Tribunal. The above amount should be deposited by the 2nd respondent owner of the vehicle with 7.5 % interest from the date of application till its deposit. On deposit of the amount, the appellant is entitled to withdraw the same. J.B. Koshy, Judge K. Hema, Judge mn. MFA 336/03 -3- J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A. No. 336 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 3rd day of April, 2008