IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 MACA.No. 1594 of 2005(G) ------------------------------------- O.P(MV).NO.881/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA. .................... APPELLANT-PETITIONER: ------------------------------------- LISAMMA, W/O.CHACKO, AYYANOLIL HOUSE, PERUMTHOTTY KARA AND POST VATHIKUDY VILLAGE. BY ADV. SRI.MATHEW JOHN, SRI.SUJESH MENON V.B. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. ANTONY.M.A., S/O.ANTONY, MOOLAYIL HOUSE, KANAKAKUNNU, MARYGIRI.P.O., IDUKKI. 2. ORIENTAL INSURANCE CO.LTD., MOOVATTUPUZHA. BY ADV. SRI.M.JACOB MURICKAN - R2. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1594 OF 2005 --------------------- Dated this the 20th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thodupuzha, in OP(MV) 881/01. The claimant sustained lacerated wound and contusions in a road accident and she had been awarded a compensation of Rs. 8,000/- which takes in a medical bill worth Rs.1,548/-. The Insurance Company is also given the right to recover it from the owner cum driver. 2. Now, the learned counsel would submit that the Tribunal has failed to take note of the fracture of the lateral end of the clavicle and therefore it has resulted in getting an inadequate compensation. It is true that the said fracture is not taken note of. But the treatment certificate itself would reveal that only a sling was put and therefore it must have taken sometime for the patient to become normal. Being a house wife, it would have affected her work also. Therefore, taking note of this, I enhance the compensation by Rs.2,000/- MACA No.1594/05 2 In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.2,000/- with 7 % interest on the said sum from the date of petition till realisation from the respondents. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. The Insurance Company is also given liberty to recover the said amount from the owner cum driver, namely the 1st respondent, by executing the award. M.N.KRISHNAN, JUDGE vps MACA No.1594/05 3 MACA No.1594/05 4