IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 MACA.No. 977 of 2004(G) ---------------------------------- OPMV.591/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: -------------------------------------- AMMINI CHERIAN @ ANNAMMA, W/O. SCARIA, ERATTUPARAMBU HOUSE, KURICHI KARA, KURICHY VILLAGE BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS: RESPONDENTS: ----------------------------------------------- 1. ITTY ABRAHAM, S/O. T.I.ITTY, THANNICKAL HOUSE, CHUNGOM, KOTTAYAM. 2. JOBY PHILIP, S/O. PHILIP, CHERUVALLIL HOUSE, KURICHY. 3. THE NEW INDIA ASSURANCE CO. LTD., K.K. ROAD, KANJIKUZHY BRANCH. BY ADV. SMT.M.HEMALATHA - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 977 OF 2004 --------------------- Dated this the 9th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kottayam, in OP(MV) No. 591/99. The appellant aged 60 years, said to be a tailor by profession, had sustained a fracture of the medial malleolus in a road accident. The Tribunal itself has recorded that she was treated in the St.Thomas Hospital, Changanacherry as well. But on the next breath the Tribunal rejected the application issued by the said hospital on the ground that it was issued by a Doctor on private consultation. The nature of the injuries etc. has been taken into consideration. The income is fixed at Rs.1,500/- and compensation is calculated. 2. To avoid an elaborate discussion, I will accept the disability as such to determine the compensation. If Rs.1,500/- is taken as income and 8% as the disability applying a multiplier of 5, the disability compensation will come to Rs.7,200/-. The Tribunal has awarded Rs.5,000/- under that head. Taking into consideration the fracture sustained by the appellant, some more amount has to be MACA No.977/04 2 granted towards loss of amenities as well. Though on many occasions there may be overlapping here and there since only a moderate income is calculated, I award a sum of Rs.3,000/- under the head for loss of amenities and there by enhanced the compensation by Rs.5,200/-. On all other heads, I agree with the award passed by the Tribunal. Therefore, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.5,200/- 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