IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 MACA.No. 1255 of 2004(C) ------------------------------------ OPMV.1136/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT/APPLICANT: ------------------------------------- DINCY, D/O. RAJU, KALAIL VEEDU, EDAVACHAL, PANTHA P.O., VIA-KATTAKKADA, TRIVANDRUM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU SREEDARAN SRI.VIMAL KUMAR.A.V. SRI.A.G.GIRISH KUMAR SRI.RAJAN VELLOTH RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. THE MANAGING DIRECTOR, KSRTC, TRANSPORT BHAVAN, TRIVANDRUM. 2. SAINUDEEN, SAHANA MANZIL, NEAR ELAMPAZHANNOOR MUSLIM MOSQUE, KEEZHTHONI, KOTTARAKKARA, KOLLAM, (CONDUCTOR, KSRTC, CHADAYAMANGALAM DEPOT, CHADAYAMANGALAM P.O., KOLLAM DISTRICT. 3. MATHAI, PADINJAREKUDIYIL VEEDU, MATHIRAPALLY, KOTHAMANGALAM, ERNAKULAM DISTRICT, (DRIVER, KSRTC, CHADAYAMANGALAM DEPOT, CHADAYAMANGALAM P.O., KOLLAM DISTRICT. BY ADV. SRI.K.PRABHAKARAN, SC, KSRTC - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1255 OF 2004 --------------------- Dated this the 10th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Neyyattinkara, in OP(MV) 1136/01. The claimant, a student, sustained injuries in a road accident. The KSRTC bus was stopped for alighting passengers and the conductor of the bus before closing the door gave the signal and the driver moved the bus forward. The door of the bus dashed against the appellant herein and she sustained injuries. It is seen that she has suffered haematoma on the left shoulder and contusion on the left shoulder. She was treated as outpatient in the Medical College Hospital and thereafter had undergone Ayurvedic treatment for some days in the Ayurveda College Hospital, Thiruvananthapuram. 2. The grievance of the appellant is that she has sustained 4% disability and the Tribunal has not awarded any compensation for loss of amenities and enjoyment in life. The disability certificate has not been proved by examination of the Doctor and even the claimant has not mounted the box to describe about her disability. The injuries are only contusions and abrasions. But it appears that she MACA No.1255/04 2 had some sprain on the shoulder and it is only a temporary phenomena. There is noting to show that the accident had caused difficulty or she had undergone treatment continuously. 3. Taking into consideration the fact that she had pain and swelling and had undergone outpatient treatment for some days, I am inclined to hold that there would have been some temporary disability besides loss of amenities and enjoyment in life to the girl. She was a student and it should have affected her free movements and therefore taking into consideration that aspect, I am inclined to additional sum of Rs.4,000/- towards loss of amenities and enjoyment in life. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.4,000/- with 7 % interest on the said sum from the date of petition till realisation from the respondents. The 1st respondent KSRTC is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.1255/04 3