IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 MACA.No. 3100 of 2009() ----------------------- OPMV.1180/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): PETITIONER: -------------------------------------------- LEELAMMA SCARIA, MANDAPATHIL HOUSE, MELAMPARA KARA, THALAPALAM VILLAGE. BY ADVS. SRI.K.S.HARIHARAPUTHRAN, SRI.M.D.SASIKUMAR, SRI.GEORGE MATHEW. RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. BENNY JOSEPH, CHAKANIKUNNEL HOUSE, MELAMPARA P.O., THALAPALAM VILLAGE, KANJIRAPARA. 2. MANOJ K.P., KUZHIKANDATHIL HOUSE, THALAPALAM VILLAGE, ANJOOTTIMANGALAM P.O 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, P.B.NO.124, KANJIRAPPALLY 686 507. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.3100 OF 2009 ............................................. Dated this the 27th day of May, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Pala in OP(MV)No.1180/2007. The claimant sustained injuries in a road accident and she has been awarded a compensation of Rs.65,700/=. It is against that decision, she has come up in appeal. 2. Heard the learned counsel for the appellant. The respondents in spite of notice had not chosen to enter appearance. A perusal of the award would reveal that the claimant, a 49 year old lady, had sustained fracture of frontal bone, nasal bone and orbital plate left black eye. She was treated as an inpatient in a hospital for 17 days and had expended a sum of Rs.33,000/= towards medical expenses itself. 3. On a perusal of the entire materials, I feel that she is entitled to the following enhancement. There is no need for deduction of personal expense and therefore, for three months, additional loss of earnings of Rs.3,000/= is granted. : 2 : M.A.C.A.NO.3100 OF 2009 Considering the long hospitalisation and other aspects towards extra nourishment etc, I am inclined to grant Rs.1,000/=. When a lady aged 49 sustains a nasal bone fracture and an orbital bone fracture, certainly there will be loss of amenities and enjoyment and therefore taking into consideration that aspect, I enhance that compensation by Rs.2,000/=. Thus the claimant is entitled to an additional compensation of Rs.6,000/=. 4. In the result, MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/= with 7.5% interest from the date of petition till realisation and the respondent 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. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.3100 OF 2009