IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 MACA.No. 692 of 2003() ---------------------- OPMV.676/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELANT/PETITIONER IN OP(MV): ----------------------------------------------------- SUSHAMA, W/O. SASI, KOZHIPARAMBIL HOUSE, MADAYIKONAM P.O., PORATHISSERY VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP(MV): ------------------------------------------------------------------ 1. RAVI, S/O. PRABHAKARAN NAIR, VATTAPARAMBIL HOUSE, MOORKANAD, PORATHUSSERY VILLAGE. 2. THE UNITED INDIA INSURANCE CO., IRINJALAKUDA. BY ADV. SRI.P.R.RAMACHANDRA MENON - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 692 OF 2003 --------------------- Dated this the 2nd day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakkuda, in OP(MV) No.676/97 whereby the appellant has been awarded a compensation of Rs.14,000/-. The appellant was aged 23 years at the time of the accident and a dance instructor by profession. She had sustained compound fracture of the left foot. The court held that she was not having any complicated treatment and further that the medical disability certificate has not been proved by examining the Doctor. I also find that the appellant has not mounted the box to give evidence. Being a dance instructor by profession the income taken as Rs.1,000/- is inadequate and an amount of Rs.2,000/- can be taken. Therefore towards loss of earning, an additional compensation of Rs.3,000/- is granted. Towards bystanders expenses she was in the hospital for 14 days, I enhance another Rs.500/-. Certainly on account of the compound fracture, there would have been temporary inconvenience and difficulty for the lady MACA NO.692/03 2 in her avocation as a dance instructor. Tribunal has awarded only Rs.3,000/-. I enhance it by Rs.4,500/- thereby an enhancement of Rs.1,500/-. Therefore the claimant will be entitled to an additional compensation of Rs.5,000/-. Therefore, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.5,000/- 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