IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 MACA.No. 1162 of 2006() ----------------------- OPMV.623/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT:PETITIONER: --------------------------------------- KAKI, W/O.THEYYAN, AGED 57 YEARS, POTTAMMALMAD HOUSE, P.O.PERUVALLUR, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT:3RD RESPONDENT: ---------------------------------------------------- M/S.NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, KORAMBAYIL ARCADE, MANJERI. BY ADV. SMT.SARAH SALVY - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1162 OF 2006 = = = = = = = = = = = = = = = Dated this the 30th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)623/02. The claimant, a 53 year old lady sustained injuries in a road accident. A perusal of the wound certificate would show that she had a lacerated wound of a dimension of about 20 cms. x 4 cms. and a fracture on the radius and open wound on foot exposing of tendons. She was treated as an inpatient in the hospital and had undergone a prolonged treatment. She was discharged only on 5.3.01 and thereafter she had visited the hospital on many occasions. Learned counsel would submit that a disability certificate has been produced showing the disability as 40%, it appears that the Tribunal had referred the patient to a Medical Board and only 1% disability is taken by the Tribunal. Considering the nature of injury sustained and the deep wound with exposing of tendons certainly would have caused disability to a 53 year old lady and M.A.C.A. 1162 OF 2006 -:2:- therefore there is nothing wrong in fixing the minimum disability at 5% in this case. When the income is taken at Rs.1,500/- and compensation is calculated by applying a multiplier of 11 disability compensation would come to Rs.9,900/-. She would not have been in a position to do any work for three months and for that I award Rs.4,500/-. At the age of 53 these injuries would have caused her loss of amenities and enjoyment in life for which I grant a further sum of Rs.4.000/-. Therefore the claimant will be entitled to an additional compensation of Rs.18,400/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.18,400/- 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/-