IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 MACA.No. 983 of 2006() ---------------------- OPMV.761/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER ---------------------------------- VIJAYAMMA, MUDUPRAPALLIKUNNUMPURAM HOUSE, PULLARIKKUNNU, MALLOOSSERY P.O., KOTTAYAM. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENTS/RESPONDENTS 1 AND 3 ---------------------------------- 1. JAYAMOHAN.M.R., S/O.RAGHAVAN, MADATHIKUZHIYIL HOUSE, KARAPPUZHA, KOTTAYAM. 2. THE NATIONAL INSURANCE CO.LTD., KOTTAYAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 983 OF 2006 --------------------- Dated this the 17th day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kottayam, in OP(MV) 761/96. The claimant, aged 33 years claiming to be a tailor by profession, sustained injuries in a road accident resulting in injuries to her. She had sustained fracture of both bones of the left leg and was treated as inpatient in the hospital for 19 days. 2. The accident is of the year 1996 and the Tribunal took the income at Rs.1,500/- and granted her Rs.4,500/- towards actual loss of earning. Though she had only produced the medical bill for Rs.385/- the Tribunal granted her Rs.1,000/- towards treatment expenses and Rs.1,000/- towards transportation and bystanders expenses. It also allowed Rs.10,000/- for pain and suffering. Ext.A6 would reveal that there was some difficulty for the lady in squatting. There was no other documents produced to show any other disability sustained by the claimant on account of the accident. Still, taking into consideration the age of the claimant and the difficulty in MACA No. 983/06 2 squatting, the Tribunal awarded Rs.10,000 towards loss of amenities and enjoyment in life. I feel the Tribunal has awarded only a just and reasonable compensation, which does not call for any interference. The appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps MACA No. 983/06 3