IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 MACA.No. 1209 of 2010() ---------------------------------- OPMV.317/2006 O F PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER -------------------------------------------- AMBUJAKSHI, AGED 46 YEARS, D/O.LATE RAMAN, ARUVAL VAYALIL, MOKAVOOR, ERNHIKKAL PO, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): RESPONDENT ---------------------------------------------- 1. SUDHEER, S/O.SAINUDEEN RAWTHAR, THAHANI MANZIL, KAITHADI, ANCHAL, KOLLAM 691 306. 2. THE ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, PULIMMOOTTIL BUILDINGS, PUNALOOR, KOLLAM-691 306. R2 BY ADV. DR.ELIZABETH VARKEY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/12/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1209 OF 2010 ............................................. Dated this the 7th day of December, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.317/2006. The claimant, a 46 year old lady, sustained injuries in a road accident and she has been awarded a compensation of Rs.9,750/=. Dissatisfied with the same, she has come up in appeal for enhancement. 2. Heard. A perusal of the award would reveal that she had sustained a lacerated wound over the scalp, swelling on the left eye and on the arms. She had also sustained a fracture of the base of the 5th metacarpal bone. 3. I think the Tribunal has been slightly low in awarding the compensation. When a lady aged 46 suffers from fracture of a bone, that too in the leg, it would have affected her working capacity for at least two months either as a house wife or as a labourer. Therefore I award Rs.2,000/= more towards loss of earnings. Similarly it can be seen that she had undergone radiological examination : 2 : M.A.C.A.NO.1209 OF 2010 and also scan. So considering this set up, I award Rs.1,000/= more towards medical expenses. Certainly there would have been loss of amenities and enjoyment for a short period at least and for that, I award a sum of Rs.2,000/=. Towards pain and sufferings, I increase the compensation by Rs.1,000/=. Therefore the claimant will be entitled to an additional compensation of Rs.6,000/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/= with 7% interest on the said sum from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.1209 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 11th day of November, 2010. J U D G M E N T