IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 MACA.No. 266 of 2007() --------------------------------- OPMV.1375/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) -------------------- ROSY DAVIS, W/O. DAVIS, VADASSERY HOUSE, RESIDING AT MALA PALLIPURAM DESOM, POYYA, PALLIPURAM P.O., KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP(MV) ---------------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. VARGHESE, S/O.CHAKKU, PARAPPAN HOUSE, KODUNGA P.O., VELLIKULANGARA. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 266 OF 2007 = = = = = = = = = = = = = = = Dated this the 25th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1375/00 whereby the claimant has been awarded a compensation of Rs.40,016/-. The claimant, a 58 years old lady, sustained fracture on the humerus and was treated as an inpatient in the hospital for 15 days. It is also seen from the documents produced that she was advised to take rest for a period of six months. The disability certificate issued points out it as 13% and the whole body disability is shown as 12.75%. The Tribunal took the income at Rs.1,500/- fixed the disability at 8% and calculated the compensation. A perusal of the award would reveal that a reasonable amount has been granted under many heads. I feel since there is a certificate to the effect that she was asked to take rest for a considerable length of period I feel this is a fit case where it must be awarded a loss of earning of one month's more, i.e. M.A.C.A. 266 OF 2007 -:2:- Rs.1,500/-. Similarly, at the age of 58 there was a surgery done on her hand and implantation was done and it was also advised that the rod need not be removed. So it is with the foreign body she survives and therefore it would have caused some loss of amenities and enjoyment in life for which I award Rs.3,000/-. Therefore, the claimant will be entitled to an additional compensation of Rs.4,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.4,500/- with 6% interest on the said sum from the date of petition till realisation and the first respondent is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-