IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 MACA.No. 1679 of 2008() ---------------------------------- OP.(MV).2502/2001 OF M.A.C.T., KOZHIKODE .................... APPELLANT/PETITIONER ---------------------------------- K.P.AMMALUKUTTY, AGED 60 YEARS, WIFE OF KUTTIKRISHNAN NAIR, SASTHAPUR, KOVOOR, MEDICAL COLLEGE POST, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. K.PRAKASH BABU, S/O.GOVINDAN, KUNNATHU HOUSE, CHELANNUR POST, KOZHIKODE. 2. THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO.LTD., TRIPURI BUILDING, EAST NADAKKAVU, KOZHIKODE. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1679 OF 2008 = = = = = = = = = = = = = = = Dated this the 6th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2502/01. The claimant is a housewife aged 60 years sustained injuries in a road accident and she has been awarded a compensation of Rs.5,000/-. It is against that decision the claimant has come in appeal. 2. In paragraph 8 of the award the Tribunal suspects about the fracture and later states that X-ray revealed fracture. A wound certificate is produced before me for perusal where there is a clear finding that on X-ray there is a fracture on the ulna. When an old lady sustains fracture certainly it will cause difficulties. She had also suffered a contusion on the right side of the forehead. She was treated in a private hospital called Baby Memorial Hospital, Kozhikode. Therefore I award the compensation as follows: M.A.C.A. 1679 OF 2008 -:2:- Even as a housewife she would not be in a position to do any work for a period of one month for which a notional income of Rs.1,250/- is awarded. Towards transport expenses, damages to clothing and hospital expenses, in the absence of any materials I can only award a sum of Rs.1,000/-. Certainly, the fracture would have caused her pain and therefore I award a sum of Rs.5,000/- towards compensation for pain and sufferings. I retain Rs.5,000/- given by the tribunal for loss of amenities and enjoyment in life thereby making the total compensation of Rs.12,250/- out of which Rs.5,000/- is already granted. Therefore the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,250/- with 6% 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/-