IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 MACA.No. 843 of 2006() ---------------------- OPMV.3464/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER: --------------------------------------- LEELARAJAN, W/O. RAJAN, THIRUPARAMBIL HOUSE, PONGANAMKADU DESOM, KURICHIKKARA VILLAGE, THRISSUR DISTRICT. BY ADVS. MR.M.V.THAMBAN, MR.SREEKANTH.K.R. RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. RADHAKRISHNAN, S/O. BALA KRISHNAN, AMBALLUR-KALARICKAL HOUSE, MADAKATHARA VILLAGE, VELLANIKKARA DESOM, THRISSUR DISTRICT. 2. BENNY, S/O. VARGHESE, KAPLIKUNNEL HOUSE, MADAKATARA VILLAGE, PULLANIKKAD DESOM. * 3. THE ORIENTAL INSURANCE CO. LTD., THIRUVAMBADY DEVASWOM BUILDINGS, P.B.NO.158, ROUND WEST, THRISSUR.(CORRECTED/SUBSTITUTED) *NAME AND ADDRESS OF R3 IS CORRECTED AS: “UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, KURUPPAM ROAD, THRISSUR” (AS PER ORDER DTD. 15/10/2009 IN I.A.2845/09) R3 BY ADV. MR.RAJAN P KALLIYATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.843 OF 2006 ............................................. Dated this the 14th day of January, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Thrissur in OP(MV)No.3464/2001. The claimant, a 50 year old lady, sustained injuries in a road accident and she has been awarded a compensation of Rs.30,500/=. Dissatisfied with the same, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would make it clear that the claimant had sustained compound dislocation proximal I.P joint and toe, fracture proxmal phalanx third toe of right foot and fracture of the nasal bone. She was subjected to wound debridement and suturing also was done. She was also under plaster cast. She was treated in Aswini Hospital, Thrissur and Elite Mission Hospital, Koorkkanchery and initially inpatient treatment was done for a period of 3 days. On this basis, the Tribunal started assessing the compensation. The Tribunal did not accept the disability certificate of 6% holding that neither : 2 : M.A.C.A.No.843 OF 2006 the claimant nor any person had been examined before the court. But the Tribunal by its experience approximately assessed the disability at 2% and awarded compensation for loss of amenities and enjoyment. 3. I feel the following entitlement also can be given to the claimant. When 2% is the disability and Rs.1,500/= is the income, by applying the multiplier of 13 as reported in Sarla Verma v. Delhi Transport Corporation (2009 AC 1298), the disability compensation would come to Rs.4,680/=. Over and above this, Rs.5,000/= can be awarded for loss of amenities considering the age, nature of the fracture and also the factum that she is a house wife. I do not want to disturb the finding of compensation for discomfiture by Rs.2,000/= thereby making a total of Rs.11,680/= of which Rs.8,000/= is awarded and therefore the claimant will be entitled to an additional compensation of Rs.3,680/= under that head. The Tribunal has only awarded Rs.7,000/= towards compensation for pain and sufferings. Considering the nature of the fracture, dislocation, fracture of the nasal bone and other circumstances, I am inclined to enhance : 3 : M.A.C.A.No.843 OF 2006 that compensation by Rs. 3,000/= making it a total of Rs.6,680/=. Therefore, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,680/= with 7% interest. The United India Insurance Company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.843 OF 2006