IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 MACA.No. 1926 of 2007() ---------------------------------- OPMV.624/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, N.PARAVUR .................... APPELLANT/PETITIONER ------------------------------------ AMMINI, W/O.PURUSHOTHAMAN, CHERUVODATHU HOUSE, PANCHAYATHUPADY, EZHIKKARA ROAD, EZHIKKARA VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. VASUDEVAN, S/O.KRISHNANKUTTY, KOVATHU HOUSE, NEAR S.M.SCHOOL, POOKKODU KARA, VARAKARA, AMBALLOOR VILLAGE, THRISSUR DISTRICT, (DRIVER KSRTC, KANIYAPURAM DEPOT). 2. MANAGING DIRECTOR, K.S.R.T.C., THIRUVANANTHAPURAM. ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.1926 OF 2007 ===================== Dated this the 11th day of December 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, N.Paravur in O.P.(MV)No.624 of 2002. The claimant is a 53 year old lady, who sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.12,750/- with 7% interest. It is against that decision, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the learned counsel for the respondents. A perusal of the award especially paragraph 6 would reveal that the claimant was treated in Amritha Institute of Medical Science and Research Centre for 3 days. She was also treated in the Regional Institute of Ophthalmology, Thiruvananthapuram and the diagnosis is (1) facial contusion, (2) minor head injury and (3) post traumatic vertigo. For a 53 year old lady, these type of injuries can cause lot of problems. It has to be remembered that she had expended about Rs.5250/- for treatment alone and she had visited the Medical College Hospital, Thiruvananthapuram for Ophthalmological consultation as well. MACA 1926/2007 -:2:- She has a face injury and developed post traumatic vertigo. Therefore compensation requires enhancement under the following heads. On account of the head injury coupled with the vertigo she would not have been in a position to do even the work of a house wife and therefore, I grant a sum of Rs.1,500/- under that head. When a person sustains facial injury with minor head injury followed by traumatic vertigo it is certain that she would have suffered excruciating pain and therefore I award a further sum of Rs.5,000/- towards pain and suffering. Certainly this would have resulted in loss of amenities and enjoyment in life, for which I enhance the compensation by Rs.3,000/- thereby totalling Rs.9,500/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.9,500/- with 7% interest on the said sum from the date of petition till realisation and respondents 1 and 2 are directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-