IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 MACA.No. 606 of 2007(A) ------------------------------- (AGAINST THE AWARD DATED 19.12.2006 IN OPMV.86/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR ....................................... APPELLANT(S): PETITIONER: ----------------------------------------- MUMTHAZ, W/O.HAROON, AGED 20 YEARS, THAYYIL HOUSE, PALATHINGAL, ULLANAM AMSOM DESOM, (PO) PARAPPANANGADI, THIRUVANGADI TALUK. BY ADV. SRI.K.K.JOHN RESPONDENT(S): RESPONDENTS: ------------------------------------------------- 1. JAYAPRAKASH, S/O.VENI AMMA, VAISHNAVI HOUSE, ARIYALLUR (PO), VALLIKUNNU, THIRUVANGADI TALUK, MALAPPURAM DISTRICT (OWNER). 2. JAYAPRAKASH, S/O. P.G.NAIR, GOKULAM HOUSE, P.O.ARIYALLUR, VALLIKUNNU, THIRUVANGADI TALUK, MALAPPURAM DISTRICT (DRIVER). 3. NEW INDIA ASSURANCE COMPANY LTD., SHAIEER COMPLEX, 6/975D, OPP.Y.W.C.A., KANNUR ROAD, CALICUT P.O., CALICUT (INSURER). 4. V.P.HANSANKUTTY, S/O.ABDULLA, VALILYAPEEDIYAKKAL HOUSE, PALLIPADI, PANDHARANGADI (PO), MALAPPURAM DISTRICT (OWNER). 5. HAROON, THAYYIL HOUSE, PALATHINGAL, ULLANAM AMSOM DESOM, (PO) PARAPPANANGADI, THIRUVANGADI TALUK. 6. NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, KORAMBAYIL ARCADE, PANDIKKAD ROAD, MANJERI (PO). R1, R2 BY ADV. SRI.V.N.RAMESAN NAMBISAN . R3 BY ADV.SRI.VPK.PANICKER. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ M.A.C.A.No.606 of 2007-A ---------------------------------------------- Dated, this the 25th day of June, 2009 J U D G M E N T Joseph, J. Appellant is the claimant in a petition filed under Section 166 of the Motor Vehicles Act. The Tribunal has awarded a sum of Rs.90,000/-. We heard the learned counsel for the appellant and learned counsel for the Insurance Company. 2. The appellant suffered lacerated wound on the first web space of the left foot, small laceration over the nose, abrasion over the nose and fracture of the 7th, 8th and 9th ribs on the right side. A perusal of the impugned order shows that from the wound certificate and discharge summary the appellant has also sustained unstable wedge compression of L1 vertebra. The Tribunal has awarded a sum of Rs.65,500/- towards medical bills. Going by the discharge summary the appellant was in hospital for 14 days in one spell. Subsequently she has been hospitalised again on 28.12.2005 MACA 606/2007 -2- and she was discharged on 4.2.2006 which means that she was in hospital for 38 days. Thus she underwent two spells of hospitalisation. We feel that the appellant ought to have been awarded a sum of Rs.20,000/- towards pain and suffering. Learned counsel for the appellant has produced certain documents evidencing appellant's continuous treatment. We award a sum of Rs.6,000/- more towards future medical treatment. Thus the appellant is entitled to enhancement of Rs.14,000/-. Accordingly, the appeal is partly allowed and the appellant is allowed to realise Rs.14,000/- more with interest at 7.5 per cent from the date of the petition till the date of realisation from the third respondent. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS