IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 MACA.No. 468 of 2003(B) -------------------------------- OPMV.965/2001 MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM. .................... APPELLANT(S): /CLAIMANT -------------------------------- RUKIYA, AGED 57 YEARS, W/O. AVUTHAL, MANALATHUVALAPPIL HOUSE, NAGALASSERY VILLAGE, KOTHACHIRA, PALAKKAD DISTRICT BY ADV. SRI.C.A.CHACKO RESPONDENT(S): RESPONDENTS --------------------------------------- 1. N.ANEES S/O. NIZAM.K., 141, MMA MARKET ROAD, COIMBATORE-1, TAMIL NADU. (OWNER OF MOTOR CYCLE BEARING REG.NO.TN/37/R-2786) 2. ABDUL GAFFOOR S/O. ABDUL RAHMAN, KATTAYAM VEETTIL HOUSE, ONGALLUR VILLAGE, PEROKKARA DESOM, PATTAMBI. (DRIVER OF THE MOTOR CYCLE) 3. THE ORIENTAL INSURANCE COMPANY LTD., SUGUNA BUILDINGS, 707, AVANASHI ROAD, COIMBATORE-641 018 (INSURER) ADV. SRI.G.SREEKUMAR (CHELUR) FOR R1&2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.468 OF 2003 ===================== Dated this the 2nd day of December 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottappalam in O.P.(MV)No.965 of 2001. The claimant sustained injuries in a road accident and she has been awarded a compensation of Rs.25,000/-. It is against that decision, the claimant has come up in appeal for enhancement. The claimant had sustained fracture on both hands and she was treated in the hospital as an inpatient for 6 days and subsequently she had attended physiotherapy upto 26.11.2001. The Tribunal has awarded reasonable compensation under all heads. But the Tribunal has awarded a sum of Rs.2,000/- under the head loss of amenities and enjoyment in life. It is true that no disability certificate is produced but the fact remains that she had sustained fracture on both hands and had undergone a prolonged treatment for 1 to 1 ½ months. Certainly the fracture on both hands would have caused her considerable difficulty in performing her day-to-day activities. All the more, she is aged 55 years. So, taking into consideration that aspect, towards temporary disability and MACA 468/2003 -:2:- loss of amenities and enjoyment in life, I award her Rs.5,000/- more. Therefore, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.5,000/- with 7.5% on the said sum from the date of petition till realisation and the 3rd respondent insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-