IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 MFA.No. 1282 of 2001(B) ---------------------------------- OPMV.103/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT: PETITIONER ------------------- C.GEETHA, AGED 27 YEARS, W/O. MOHANAN, PARAKKOOTH HOUSE, KOTHACHIRA 679 535. BY ADV. SRI.T.A.RAJAGOPALAN RESPONDENTS/ RESPONDENTS ---------------------- 1. GANESH, AGED 25 YEARS, S/O. GOPALAN NAIR, ATTAKKATH HOUSE, KOTHACHIRA, DRIVER AND OWNER OF KL-9C/3466 AUTORICKSHAW, PRIVING LICENCE NO.2234/93 BADGE NO.524/93, VALID UPTO 28.5.99. 2. THE ORIENTAL INSURANCE CO. LTD. PRANAVAM BUILDING, MELEPATTAMBI, POLICY NO.234- CODE NO.442001, CERTIFICATE NO.545662, POLICY VALID UPTO 21.4.99. ADV. SRI.M.JACOB MURICKAN FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== M.F.A. No.1282 OF 2001 ===================== Dated this the 24th day of September 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottappalam in O.P.(MV)No.103 of 1999. The claimant, aged 27 years, sustained injuries in a road accident resulting in fracture of the zygamatic bone as well as tenderness over tarso-metatarsal joint of the ankle. She was treated in the hospital as an inpatient from 5.8.1998 to 12-8- 1998. She had been awarded a compensation of Rs.35,797/-. 2. After hearing the learned counsel on both sides, I feel the Tribunal has not granted any amount towards loss of earning in this case even if she is a house wife. On account of the fracture of the zygamatic bone coupled with tenderness over tarso-metatarsal joint she would not have been able to do any work at least for a period of 3 or 4 weeks. Therefore I award her Rs.1,500/- under that head. Learned counsel would contend that during the period of hospitalization and thereafter she had difficulty in taking food properly on account of this fracture. There is some force in the said contention. She was treated in the hospital as an inpatient for a period of 8 MFA 1282/2001 -:2:- days . Taking into consideration that aspect also, I enhance the compensation by Rs.2,000/- under that head. Therefore the claimant will be entitled to an additional compensation of Rs.3,500/-. In the result, MFA is partly allowed and the claimant is entitled to an additional compensation of Rs.3,500/- with 7% interest on the said sum from the date of petition till realisation and the 2nd respondent insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-