IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 MACA.No. 1383 of 2007(D) ------------------------------ OPMV.1221/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): /PETITIONER ---------------------------------- SAINABA, W/O.MUHAMMED, AGED 39 YEARS, KANJIRAMUKULEL HOUSE, MYLOOR, PALLARIMANGALAM P.O., KOTHAMANGALAM. BY ADV. SRI.JOHN JOSEPH(ROY) SRI.SAMSON AROOJA RESPONDENT(S): RESPONDENTS --------------------------------------- 1. KAMAR S/O.MUHAMMED, AKKADA HOUSE, MYLOOR, VARAPETTY P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. 2. JOSE GEORGE THADATHIL HOUSE, PIRALIMATTOM, KADALIKADU P.O., VAZHAKULAM VIA, MUVATTUPUZHA TALUK. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, MUVATTUPUZHA P.O., MUVATTUPUZHA. ADV. SRI.C.DILIP FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1383 OF 2007 = = = = = = = = = = = = = = = Dated this the 30th day of January, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV) 1221/03. The claimant, a woman aged 35 years sustained injuries in a road accident and the Tribunal awarded a total compensation of Rs.21,283/-. It is against that decision the claimant has come up in appeal challenging the quantum as well as the apportionment of negligence. 2. Heard the counsel for both sides. There was a connected O.P.807/03 which was filed by the husband of the present appellant and the accident took place when the claimant was travelling along with her husband in a two wheeler. The Tribunal apportioned the negligence at 75% on the auto driver and 25% on the husband of the claimant and thereafter decided to fix the compensation. Against O.P. (MV)807/03 an appeal was preferred as MACA 861/07 and in that case I had modified the negligence and fixed it at 80% M.A.C.A. 1383 OF 2007 -:2:- on the auto driver and 20% on the motorcyclist and the same position will continue in the case as well. 3. Next question is regarding the quantum. The lady has sustained a fracture on the right radius and open reduction and internal fixation was done and bone grafting was followed. It is also seen that she had attended hospital for review on four other occasions. I feel the compensation awarded for pain and sufferings and loss of amenities requires modification. I enhance the compensation for pain and sufferings by Rs.4,000/- and for loss of amenities by Rs.3,000/- thereby making it a total additional compensation of Rs.7,000/-. Or in other words the total compensation would come to Rs.35,377/- out of which the claimant will be entitled to 80% which when worked out will come to Rs.28301.6 which is rounded as Rs.28,300/-. In the result the MACA is partly allowed and a revised award is passed by awarding a compensation of Rs.28,300/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit M.A.C.A. 1383 OF 2007 -:3:- the same within a period of sixty days from the date of receipt of a copy of the judgment. If any amount is already deposited the balance need be deposited and that too within 60 days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-