IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 MACA.No. 383 of 2010() ---------------------- OPMV.408/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER: --------------------------------------------- SAJNA, AGED 24 YEARS, W/O.BADUSHA, T T F HOUSE, CHAKKUMKADAVU, MYTHRI NAGAR, KALLAI POST, KOZHIKODE. BY ADVS. SRI.V.S.CHANDRASEKHARAN, SMT.LEKSHMI SWAMINATHAN. RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. JOISY SAJITH, AGE NOT KNOWN, W/O.SAJITH, PATHAMPERAYIL HOUSE, CHANGANASSERY, THRISSUR. 2. THE NATIONAL INDIA INSURANCE CO.LTD., BRANCH OFFICE, AMBIKA ARCADE, M.G.ROAD, THRISSUR. R2 BY ADV. SRI.E.M.JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.383 OF 2010 ............................................. Dated this the 9th day of June, 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.408/2005. The claimant, aged 19 years, sustained injuries in a road accident and the Tribunal has awarded her a compensation of Rs.20,400/= with 7% interest. It is against that decision, the appeal is preferred. 2. The learned counsel had handed over me the treatment particulars as well as the wound certificate. The claimant was admitted in the Medical College Hospital on 2.6.2003 and discharged on 14.6.2003. She had acute Extradural Haematoma on the tempero frontal region and Haemorrhagic contusion. Therefore cranioctomy and evacuation was done on 5.6.2003. Evacuation process itself revealed that the Haematoma had a diameter of 4 cm and there was also torrential bleeding from the artery. The radiological examination would reveal that she had also sustained a fracture on the pubic rami, Thereafter she : 2 : M.A.C.A.NO.383 OF 2010 was discharged. She had follow up consultation for a long time. 3. I am not prepared to accept the argument of the learned counsel for the appellant that she was a teacher. But being a girl aged 19 years, certainly she would have helped her mother at least in the domestic affairs and therefore, I grant two months loss of earnings at Rs.1,500/= each thereby entitling the claimant to have an additional compensation of Rs.1,500/= under that head. She was in the hospital for about 13 days and for bystander's expense, I grant a sum of Rs.1,500/=. Because of the serious head injury, there would have been difficulty for her in taking solid food and therefore towards extra nutritious liquid diet, I award Rs.1,000/=. Certainly when a girl sustains such a deep injury with fracture on the pubic rami, there would have been temporary disability, loss of amenities and enjoyment in life. I enhance that compensation by Rs.5,000/=. Thus the claimant is entitled to an additional compensation of Rs.9,000/=. The Tribunal has awarded only 7% interest but it has to be 7.5% interest in the light of the : 3 : M.A.C.A.NO.383 OF 2010 rulings in Tamil Nadu State Transport Corporation Ltd. v. Rajapriya ( 2005 (2) TAC 305). 4. Therefore, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.9,000/= with 7.5% interest 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. It is also made clear that for the entire amount awarded also, the claimant is entitled to interest at 7.5% in stead of 7%. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 4 : M.A.C.A.NO.383 OF 2010