IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 MACA.No. 657 of 2004() ----------------------------------- OPMV.2151/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): CLAIM PETITIONER ------------------------- ALEYAMMA PHILIPOSE, MANGATTIL, AREEPARAMBU P.O., KOTTAYAM. BY ADV. MR.P.RAVINDRA BABU RESPONDENT(S): RESPONDENTS -------------------------- 1. JOHNSON JOHN, KECHUMALAYIL HOUSE, KIZHAKKAM MUTHOOR KUTTAPPUZHA P.O., THIRUVALLA. 2. MATHEWS, PUTHENVEETIL HOUSE, T.C. 5650, PEROORKADA P.O., THIRUVANANTHAPURAM. 3. THE UNITED INDIA INSURANCE CO. LTD, DOCTORS TOWERS, CHANGANACHERRY. R2 BY ADV. MR.K.K.VIJAYAN, MR.SUMAN CHAKRAVARTHY. R3 BY MR.P.V.JYOTHI PRASAD THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.657 OF 2004-C ............................................. Dated this the 7th day of September, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kottayam in O.P.(MV)No.2151/2000. The claimant, a house wife, sustained injuries in a road accident and she had been granted a compensation of Rs.28,263/= with 6% interest. It is against that decision, the claimant has come up in appeal. It can be seen that the claimant is a house wife. Even if she is a house wife, when she sustains injuries certainly she would be deprived of from doing her domestic work which would make somebody else to be employed for the said purpose. It can be seen that she had some injury on the posterior aspect of the right elbow. Though the doctor assessed disability at 7%, the Tribunal fixed it as 5% after examining the claimant. 2. I do not want to disturb that finding of percentage of disability. But, at any rate, the rate of income of Rs.1,500/= has to be fixed even in the case of a house wife : 2 : M.A.C.A.NO.657 OF 2004-C and therefore, loss of earnings for three months an additional compensation of Rs.750/= has to be paid. So far as disability compensation is concerned if it is fixed at Rs.1,500/= for 5% it would come to Rs.13,500/= making a difference of Rs.2,250/=. For a house wife, a fracture on the olecranon would certainly cause handicap in her day today activities and therefore towards loss of amenities, I award a sum of Rs.3,000/=. It is true that the court had not accepted the receipts issued by the family members or the driver regarding transportation etc. But, there would have been somebody to help her during hospitalisation and some amount would have been spent towards transportation. For both together, I fix the sum as Rs.1,000/=. Thus, the claimant will be entitled to an additional compensation of Rs.7,000/=. In the result, the appeal is partly allowed and the claimant will be entitled to an additional compensation of Rs.7,000/= with 7 % interest on the said sum from the date of the petition till the realisation and the insurance company is directed to deposit the said sum within 60 days : 3 : M.A.C.A.NO.657 OF 2004-C from the date of receipt of copy of the application. M.N.KRISHNAN, JUDGE cl