IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 MACA.No. 458 of 2010(C) ---------------------------- OPMV.1240/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER -------------------------------- BEENA.V, W/O.AJAYAN, AGED 42 YEARS, PATTALI PARAMBU HOUSE, CHEVAYUR PO,KOZHIKODE DISTRICT. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENT(S): RESPONDENTS ----------------------------------- 1. P.I.SHAJAN,S/O.ITOOP AGE NOT KNOWN, RESIDING AT POONADATH HOUSE,ERANJIPALAM PO, KOZHIKODE DISTRICT. 2. NATIONAL INSURANCE CO.LTD.,DIVISIONAL OFFICE, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. ADV. SRI.P.JACOB MATHEW FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 458 OF 2010 = = = = = = = = = = = = = = = Dated this the 8th day of July, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1240/06. The claimant, a 38 year old housewife, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.30,483/-. Dissatisfied with the same the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the documents made available for perusal and the award would reveal that she had sustained multiple rib fracture on the left side of 5 ribs, a fracture of the scapula besides this she had left pneumathorax and various lacerated injuries on different parts of the body. She had even contusion on the back of the lung etc. She was admitted on 20.3.2006 and discharged on 28.3.2006. She had undergone outpatient treatment as well. She had expended Rs.10,233/- towards M.A.C.A. 458 OF 2010 -:2:- medical expenses. I feel the compensation awarded is inadequate on the following grounds. 3. Being a housewife at least she would not have been in a position to do the work for at least three months. Considering the nature of injuries sustained by her an additional amount of Rs.4,000/- has to be granted towards loss of earnings. She was in the hospital for 8 days and therefore towards bystanders expenses the amount has to be enhanced by Rs.1,000/-. Though there is no certificate to prove the disability the fact remains that almost half ribs on the left side were fractured and on account of the impact she had pneumathorax, i.e. pressing of lungs. She had also sustained fracture on the scapula besides various lacerated wounds on all parts of the body. So claimant would not have been in a position to do the work for some time. There would have been temporary disability and loss of amenities. Considering those facts I am inclined to enhance the amount awarded for loss of amenities by Rs.8500/- thus making the total additional compensation at Rs.13,500/-. M.A.C.A. 458 OF 2010 -:3:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.13,500/- with 7.5% interest on the said sum from the 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/-