IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 MACA.No. 735 of 2009() --------------------------------- OPMV.2299/2004 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/CLAIMANT ---------------------------------- NALINI, W/O.RAJAN, AGED 63 YEARS, KALLYANI NIVAS, EMILI ROAD, KALPETTA POST, WAYANAD. BY ADV. SMT.K.V.RESHMI RESPONDENTS/ RESPONDENTS ----------------------------------------------- 1. MAJEED K.M, S/O.MOIDEENKUTTY, KADAVATH HOUSE, KURUVANGAD POST, VIA QUILANDY, KOZHIKODE. 2. E.K.GANGADHARAN NAIR, S/O.KUNHIKELAPPAN KURUP, EDATHIOKANDI HOUSE, ERANAMGALAM POST, VALUSSERY (VIA), KOZHIKODE. 3. THE UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, SEEMA TOWER, MAVOOR ROAD, KOZHIKODE. R1 BY ADV. MR.SANTHARAM.P. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 735 OF 2009 = = = = = = = = = = = = = = = Dated this the 7th day of January, 2010. 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)2299/04. The claimant, a housewife as well as a sweeper sustained injuries in a road accident while she was travelling in a bus. It appears that her right hand got entangled and when the bus was moving and it struck with a lorry and in the process her fingers were trapped in between the two vehicles and she had sustained very severe injuries. The learned Tribunal herself had observed that there were fractures on the middle phalanx of the right index finger and fracture on the ring finger. All the fingers other than thumb was involved. The Tribunal itself had referred to the purchase of nail and other things which is normally an indicative of implantation. Whatever it is, this lady at the age of 50 had suffered very severe injuries on her right hand which will deprive her of her M.A.C.A. 735 OF 2009 -:2:- day-today work as house wife as well as part time sweeper for a considerable length of time. When the hand is involved in an accident and injuries are sustained it will cause excruciating pain and certainly the fingers wherein the fractures are sustained would cause problems for the day- today activities. So taking note of the entire situation I am inclined to enhance the compensation under the following heads as follows. 2. I award a further compensation of Rs.3,000/- towards pain and sufferings, Rs.3,000/- towards loss of amenities and enjoyment in life. Since she would have been deprived of doing any work for four months and fixing the income at the rate of Rs.1,500/- I award Rs.2,500/- as additional compensation for the same thereby entitling the claimant to have an additional compensation of Rs.8,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,500/- with 7% interest on the said sum from the date of M.A.C.A. 735 OF 2009 -:3:- 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/-