IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 M.A.C.A.No. 690 of 2004() ---------------------- O.P.(MV).1549/1997 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER: --------------------- SHAREEFA, W/O. P.H.JABBAR, AGED 39, JAINMEDU, PALAKKAD. BY ADV. SRI. JACOB SEBASTIAN RESPONDENTS/RESPONDENTS: ------------------------- *1. RAMANKUTTY, S/O. KOYANDY, AGED 48, CHIRAKKALVEEDU, THENKURUSSI, PALAKKAD (DRIVER OF KRG 1126 BUS). (deleted) *2. THE MANAGING PARTNER, SHORNUR ROAD LONES, SHORNUR (OWNER OF THE BUS). (deleted) 3. THE UNITED INDIA INSURANCE CO. LTD., PALAKKAD (INSURER OF THE BUS). BY ADV. SRI.P.JAYASANKAR - R3 * RESPONDENTS ONE AND TWO ARE DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DATED 20/06/2007 IN I.A. 1147/2007. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 690 OF 2004 --------------------- Dated this the 4th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Palakkad, in OP(MV) 1549/97. the claimant, a lady who is a coolie by profession, sustained crack fracture of the right shoulder with a comminuted fracture of the nasal bone. She also suffered a lacerated wound on the nose and abrasion over the left thigh. She was treated in Dr. Menon's Hospital for 7 days and thereafter she continued treatment. The Tribunal awarded Rs.13,450/-. Dissatisfied with the said award, the claimant has come up in appeal. 2. It can be seen that the claimant was in the hospital for 7 days and there would have been somebody to assist her. Therefore, I allow a sum of Rs.600/- towards bystanders expenses. Similarly, on account of the nasal bone fracture and lacerated wound on the nose, she would have taken some nutritious food. Therefore, I allow Rs.500/- under that head. It is true that no disability certificate is produced. But the matter stands proved that she had a comminuted MACA No.690/04 2 fracture of the nasal bone along with fracture of the shoulder. Therefore there would have been temporary disability as well as loss of amenities and enjoyment in life for her. I award Rs.5,000/- under that head. Therefore, the claimant will be entitled to an additional compensation of Rs.6,100/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,100/- with 7 % interest on the said sum from the date of petition till realisation. The Insurance company 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.690/04 3