IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 MACA.No. 1776 of 2005() ----------------------- ---------- OP(MV) NO.1002/1999 OF THE MOTOR ACCIDENTS CLIAMS TRIBUNAL, IRINJALAKUDA. ..... APPELLANT/PETITIONER IN OP(MV) ------------------ THANKA @ THANKAMMA, W/O. KUTTAPPAN, PERUMBILLISSERY HOUSE, VELLIKULANGARA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY RESPONDENTS/ RESPONDENTS IN OP(MV) ----------------------- 1. AJITH ANTONY, PADINJAKKARA HOUSE, PARIYARAM P.O. 2. ANTONY @ ANTONY JOSE, EDAPPILLY HOUSE, KOTTANELLOOR P.O. 3. MANAGER, UNITED INDIA INSURANCE CO.LTD., SOUTH JUNCTION, CHALAKUDY. BY ADV. SRI.M.A.GEORGE - R3 SRI.BAIJU JOHN SRI.JOHN VARGHESE THOPPIL THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1776 OF 2005 = = = = = = = = = = = = = = = Dated this the 19th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1002/99. The claimant, a 64 year lady, a labourer by profession sustained fracture on the leg and she was treated as an inpatient in the hospital for seven days. A perusal of the award of the Tribunal itself would reveal that she had sustained bycondylar fracture right tibia which was an undisplaceble one. The Tribunal fixed her income at Rs.1,500/- and granted a total compensation of Rs.11,354/-. It is against that decision the present appeal is preferred. 2. A lady at the age of 64 had sustained a very serious fracture on the leg that too on the tibia, it is certain that she should have suffered agonizing pain. Therefore I enhance the compensation for pain and sufferings by Rs.5,000/-. The Tribunal has not awarded any disability compensation but has only given Rs.2,000/- towards loss of M.A.C.A. 1776 OF 2005 -:2:- amenities and enjoyment in life. It appears to be too low especially when no further compensation is given for any temporary disability even. Certainly a fracture on the leg at the age of 64 that too a poor labourer certainly would cause some disability in earning as well as amenities in life especially being a house-wife as well. Therefore I enhance that compensation also by Rs.5,000/-. On all other heads the award of the Tribunal does not call for any interference. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-