IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 MACA.No. 3076 of 2008() ----------------------------------- OPMV.728/2001 & 1231/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL,KOTTAYAM .................... APPELLANT/PETITIONER: ------------------------------------ VIJAYALAKSHMI.T.N., VAISHNAVAM, NANGYARKULANGARA P.O., PALLIPPADU, KARTHIKAPPALLY TALUK. BY ADV. MR.M.V.THAMBAN MR.R.REJI SMT.THARA THAMBAN MR.B.BIPIN RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. ROBINS KURIAN, S/O.K.C.KURIAN, KOLLAMPARAMBIL, THOTTACKADU, CHANGANASSERY. 2. AJI JOSEPH, KANNANCHIRAYIL HOUSE, NEAR AMBALAKKAVALA, THOTTAKKADU P.O. 3. THE NEW INDIA ASSURANCE CO.LTD., KOTTAYAM, REPRESENTED BY MANAGER, CHANGANASSERY BRANCH. 4. K.C. KURIAN, KOLLAMPARAMBIL, THOTTACKADU, CHANGANASSERY. R1 & R2 BY ADV. MR.C.S.MANILAL. R3 BY ADV. SMT.A.C.DEVY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 3076 OF 2008 = = = = = = = = = = = = = = = Dated this the 17h day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)1231/01. The claimant, a physical education teacher in a school aged 37 years sustained injuries in a road accident. The Tribunal has considered her case in paragraph 13 of the award. It is seen that she had sustained multiple abrasions over the right arm, left arm and contusion anterior abdominal wall. She was treated in the Medical College Hospital as well, as outpatient. One doctor has certified that she is having post traumatic bronchitics. I am afraid that one may develop bronchitics on account of aftermath of an accident after a long time. Nowhere near that part any injury is sustained as well and there is nothing to show that there is possibility of an infection entering into the lungs on account of any injury sustained in the accident. But I find this teacher after treatment from the Medical College Hospital has visited the M.A.C.A. 3076 OF 2008 -:2:- Amrutha Institute of Medical Sciences as well and she had some contusion over the abdominal wall. There would have been apprehension and there should have been pain otherwise she would not have visited a specialty hospital. Taking into consideration only this aspect I am inclined to grant an amount of Rs.2,000/- more towards pain and sufferings and Rs.1,000/- more towards loss of amenities and enjoyment in life. Thus the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.3,000/- with 7% 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/-