IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 MACA.No. 1383 of 2009() ----------------------- OPMV.1750/2002 OF PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT: PETITIONER: ------------------------- RATNARANI, W/O.PRABHAKARAN, AGED 50 YEARS, CHERAN HOUSE, KURIYAMBATH PARAMBU, KOLATHARA, KOZHIKODE. BY ADV. SMT.BINDU GEORGE RESPONDENTS: RESPONDENTS: --------------------------- 1. SHILESH, S/O.GOPINATHAN, SREE SHAILAM, P.O.KOLATHARA, CHERUVANNUR, KOZHIKODE. 2. NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE-II, P.B.NO.811, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. ADV. SRI.M.A.GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = M.A.C.A. 1383 OF 2009 = = = = = = = = = = = = = DATED THIS, THE 19TH DAY OF JULY, 2010. J U D G M E N T This is an appeal preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode, in O.P. (MV) No.1750/2002. The claimant, a 43 year old woman, sustained injuries in a road accident and she had been awarded a compensation of Rs. 11,500/-. It is against that decision, the claimant has come up in appeal. 2. Heard. The Tribunal was critical on non examination of the party as well as some suspected manipulation of the reference card. Learned counsel had made available before me a copy of the reference card which I had perused. The claimant was also treated as an inpatient in the hospital for 11 days though the Tribunal notes it as only three days. It can be seen from the said document that she had an injury on her forehead, which also, on examination of scan, proved contusion on the left temporal lobe. ENT consultation was also advised where there was some defect of hearing loss as also pointed out. There was also some problem for her with her mandible. C.T. scan was repeated because of the head ache. Therefore, it is evident that the lady has really suffered and she requires little more sympathetic consideration. Therefore, M.A.C.A. 1383/2009 2 towards pain and suffering, I enhance the compensation by Rs. 3,000/- (Rupees three thousand), towards loss of amenities I increase it by Rs. 2,000/- (Rupees two thousand) and towards loss of actual income I increase it by Rs. 2,000/- (Rupees two thousand) making an additional compensation of Rs. 7,000/- (Rupees seven thousand only). Therefore, the M.A.C.A. is partly allowed and the claimant is awarded an additional compensation of Rs. 7,000/- (Rupees seven thousand only) with 7 % interest on the said amount from the date of petition till realisation. The respondent is directed to deposit the said amount within a period of thirty days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, (JUDGE) Knc/-