IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 MFA.No. 1311 of 2001 ---------------------- OP(MV).498/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER: ------------------------------------ MADHAVI, W/O.. VELAYUDHAN, AGED 62 YEARS, KOTTIYATTIL HOUSE, RESIDING AT PAZHUPATHOOR, P.O. PAZHUPATHOOR, S. BATHERY TALUK, WAYANAD DISTRICT. BY ADV. SRI.ESM.KABEER RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. T.N. SUDHAKARAN, S/O. NARAYANAN, AGED NOT KNOWN, THYKOOTTATHIL HOUSE, P.O. VAKERY, S. BATHERY TALUK, WAYANAD DISTRICT (OWNER OF JEEP KL-12/3281) 2. BABU, S/O. BHASKARAN, AGED 30, MURIYIKKAL HOUSE, P.O. MAILAMBADI. S., BATHERY TALUK, WAYANAD DISTRICT (DRIVER OF JEEP KL -3281, D/L. NO. 1237/89 W) 3. THE UNITED INDIA INSURANCE CO. LTD., 24, RETHAM BAZAR III FLOOR, MADRAS, (POLICY NO. 010803/304/31/01/21/3/00370/93) BY ADV. SMT.M.LALITHA NAIR FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ------------------------------ M.F.A. No.1311 of 2001 ------------------------------ Dated this the 17th day of September, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal , Kalpetta in O.P.(MV) No. 498/1994. The claimant, a 62 year old lady sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.2,350/- with 9% interest. On a perusal of the award would reveal that she had sustained abrasion on the right forth toe, pain on the chest and hip,pain and tenderness on the right shoulder and sprain on the right foot. A reading of Para 8 would show that she was treated as an inpatient in Government hospital for a period of 19 days. The learned counsel would contend that the compensation awarded for loss of earning is inadequate. Certainly, on account of these injuries she would have prevented from doing any work for two weeks. Therefore, I award Rs.700/- more under that head. The claimant was an inpatient in the hospital for 19 days. Therefore, towards bystanders expense at the rate of Rs.50/- , she is entitled to get Rs.950/- which in reduction would come to Rs.750/-. Only an amount M.F.A. No.1311/ 2001 2 of Rs.2,000/- has been given for medical expenses. It is true that no bills are produced. But it may not be possible in all cases to produce medical bills. Therefore, considering the length of treatment and certainly the fact that she would have been taken X-ray etc in order to find out the major injuries, I grant a compensation of Rs.500/- under that head. Tribunal awarded only Rs.1,500/- for pain and sufferings. It is true at any rate, at the age of 62 years, this lady had sustained sprain besides pain all over the body and tenderness on the right shoulder. Therefore, I grant her Rs.2,000/- under that head as an additional compensation. Certainly, the injury at the age of 62 years, coupled with hospitalisation for 19 days certainly would have caused some loss of amenities and enjoyment in life, for which I paying her Rs.1000/-. Therefore, the claimant will be entitled to an additional compensation of Rs.4,950/-. In the result, the appeal is partly allowed and the claimant is awarded an additional compensation of Rs.4,950/- with 7% interest on the said sum from the date of petition till realisation and the respondent Insurance Company is directed to deposit the said amount M.F.A. No.1311/ 2001 3 within a period of 60 days from the date of receipt of copy of this judgment. M.N. KRISHNAN, JUDGE scm