IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 MACA.No. 1508 of 2004(D) ----------------------- OPMV.1254/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/CLAIMANT IN OP(MV): ----------------------------------------- LALY SKARIA, PARACKAL HOUSE, KOTTAPPADY KARA. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENTS/ RESPONDENTS IN OP(MV): ------------------------------------------------ 1. RAJAN, S/O.PADMANABHAN, KOLECKADAN HOUSE, NEDUNGAPARA KARA, VENGOOR VILLAGE. 2. P.A.BABY, PALLIPETTA HOUSE, PERUMBAVOOR. 3. NATIONAL INSURANCE CO.LTD., AJAY VIHAR, IIIRD FLOOR, ERNAKULAM, KOCHI – 682 016. BY ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1508 OF 2004 --------------------- Dated this the 24th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Perumbavoor, in OP(MV) 1254/99. the claimant, a woman, sustained injuries in a road accident and the Tribunal awarded her a compensation of Rs.4,800/-. The Tribunal also found that there was a valid policy and made the respondents jointly and severally liable for the amount. The present appeal is preferred by the claimant for enhancement. 2. Learned counsel for the appellant submits before me that on account of a mistake the certificate revealing the fracture was not produced and that has affected in fixing the quantum of compensation. Learned counsel has made available before me a certificate issued by St.Joseph's Hospital, Dharmagiri Central. It is also attested by Dr.Baby Mathew, which would reveal that the claimant had sustained a crack fracture of the sacrum and she was also treated as inpatient for seven days. She was advised bed rest for a period of two months with effect from the date of discharge. Sacrum is a large, triangular bone at the dorsal part of the pelvis, inserted like wedge between the two hip bones. So it is an important bone and a crack fracture therein certainly will have handicapped a person for sometime. Even the certificate would show that she was completely MACA No.1508/04 2 advised to take rest for two months. Fixing the notional income at Rs.1,250/-, I award a sum of Rs.1,750 as additional compensation. Similarly she would have suffered pain on account of this internal fracture. Therefore, I enhance the compensation for pain and suffering by Rs.2,000/-. Being a lady who is a house wife it is certain that the fracture of the sacrum would not only have affected her working capacity but also have caused difficulties in her day to day life whereby affecting her amenities and enjoyment in life. Therefore, taking into consideration all these injuries, I award a sum of Rs.5,000/- under those heads. Therefore, the claimant will be entitled to an additional compensation of Rs.8,750/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.8,750/- with 7 % interest on the said sum from the date of petition till realisation from the respondents. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.1508/04 3 MACA No.1508/04 4