IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 MACA.No. 552 of 2003() ---------------------- OPMV.255/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT/PETITIONER -------------------------- CHINNAMMA JOSEPH, AGED 49 YEARS, W/O. JOSEPH, KUMARAPATTU HOUSE, DERKAS, MALOM VILLAGE, P.O. DERKAS, HOSDURG TALUK. BY ADV. SRI.M.THAMBAN SMT.T.SUDHAMANI RESPONDENTS: RESPONDENTS ------------------------ 1. DINESHAN.T.S., S/O. K.K.SREEDHARAN, THARAPEL, PERINGALAM, KANNUR DISTRICT. * 2. P.M.MOIDU, AGED 69 YEARS, S/O. ASSAINAR, PUZHAKKARA HOUSE, KOUNAKKAD, HOSDURG TALUK, P.O.KOUNAKKAD. (NAME OF R2 IS DELETED FOR THE REASON THAT THE POLICY AND ACCIDENT ARE ADMITTED AS PER ORDER DT. 25.6.08.) 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY, RAHMATH SHOPPING COMPLEX, KOTTACHERY P.O., KANHANGAD. BY ADV. SMT.K.C.BEENA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 552 OF 2003 --------------------- Dated this the 25th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kasaragod, in OP(MV) 255/99. The claimant, aged 45 years a tailor by profession claiming of having an income of Rs.3000/- per mensum, had sustained injuries in a road accident whereby she had suffered fracture of the L2 vertebra and also the 3rd rib on the left side. She was treated in the Krishna Nursing Home, Kanhangad from 1.7.98 to 6.7.98. The injury sustained by the claimant is noted to be grievous. The Tribunal awarded a compensation of Rs.14,500/-. 2. It is true that Ext.X1 certificate issued by the Medical Board does not show any disability. But, certainly on account of the fracture of the spine along with a fracture of the rib she would not have been able to do either the work of a tailor or of a house wife atleast for a period of three months. Therefore, I enhance the loss of earning for one more month by Rs.1,500/-. The Tribunal has not awarded any compensation for loss of amenities and enjoyment in MACA No.552/03 2 life. When a fracture is sustained on the spine with a fracture on the rib certainly there would have been loss of amenities and enjoyment in life. Therefore, I award a sum of Rs.5,000/- under that head. Therefore, the claimant will be entitled to an additional compensation of Rs.6,500/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,500/- 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 MACA No.552/03 3 MACA No.552/03 4