IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 MACA.No. 1406 of 2008(A) ----------------------- OPMV.646/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT(S): /PEPTITIONER IN THE OPMV ----------------------------------------------- REENA, W/O. BABU AGED 32 YEARS, IN 2004 VATTAKANI HOUSE, VIYYUR AMSOM, MANNAMANGALAM DESOM, P.O. KOLLAM, QUILANDY, BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S): RESPONDENTS IN THE OPMV ------------------------------------------------------- 1. R.C.OWNER (KL11H/7686/BUS) P.SIVADASAN, FATHER'S NAME NOT KNOWN, AGE NOT KNOWN, PILAKKATTU HOUSE, P.O. NADERI, QUILANDY. 2. DRIVER (KLIIH/7686/BUS) N.BALAKRISHAN, S/O. KUTTAPPAN, AGED 49/04 NAROTH HOUSE, PANANGAD AMSOM DESOM. BALUSSERY.(DL NO.-2252/78. BADGE NO-1537/79 VALID UP TO 11-8-05) 3. INSURANCE (KL11H/7686/BUS NATIONAL INSURANCE CO.LTD, P.B.NO-811, NOOR COMPLEX, NEAR ARAYIDATHUPALAM, MAVOOR RAOD, CALICUT - 673004 (POLICE NO.571300/31/03/6325745 CERTIFICATE NO.571300/31/03/6325745 VALID FROM 11-3-04 TO 10-3-05. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY PASSED FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1406 OF 2008 = = = = = = = = = = = = = = = Dated this the 13th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Vadakara in O.P.(MV)646/04. A 32 year old lady sustained injuries in a road accident as a result of which she had sustained a fracture on the ulna and lacerated wounds on the heel pad, contusion on the upper thigh with intercondyle edima. The Tribunal awarded a global compensation of Rs.6,000/- and it is against that decision, the claimant has come in appeal. 2. Heard the counsel for the appellant as well the insurance company. The learned counsel for the appellant had made available before me for perusal some of the documents relating to the treatment. But I proceed to decide the compensation on the basis of the finding of the Tribunal that there was a fracture on the ulna. I recalculate the compensation as follows: M.A.C.A. 1406 OF 2008 -:2:- 3. Even if she is a house-wife, on account of the fracture on the ulna she would not have been in a position to do any domestic work at least for a period of two months. Therefore I grant Rs.2,500/- under that head. Certainly, it is seen that she has been visiting hospitals and she would have spent some amount for treatment including X-ray etc. for which I award Rs.1,500/-. For pain and sufferings I award Rs.6,000/-, for temporary disability and loss of amenities I award Rs.4,000/- thus totaling an amount of Rs.14,000/- out of which Rs.6,000/- has already been granted. Therefore the claimant will be entitled to an additional compensation of Rs.8,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/- with 6% interest on the said sum from the date of 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/-