IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 MACA.No. 469 of 2008(C) ----------------------------------- OP(MV).NO.511/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA. .................... APPELLANT/ PETITIONER IN O.P(MV): ------------------------------------------------------ MARY, W/O.JOSE, THACHIL HOUSE, KODUKUTTY DESOM, KALLUR - VADAKKUM MURI VILLAGE, KUDUKUTTY P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY, ADV. SRI.A.N.SANTHOSH. RESPONDENTS/ RESPONDENTS IN O.P(MV): ---------------------------------------------------------------- 1. ABDUL JABBAR, S/O.P.K.HASSAN, PERINGATTIL HOUSE, 19/634, VADACODE, KALAMASSERY - 683 511. 2. ANIL, S/O.SARASWATHY, PARAYANTE VADAKKETHIL HOUSE, THURUTHI PARAMBU, ALOOR P.O 3. THE NATIONAL INSURANCE CO.LTD., URUMBATH BUILDINGS, PUMP JUNCTION, ALUVA. ADV. SRI.E.M.JOSEPH FOR R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.469 OF 2008 ===================== Dated this the 21st day of October 2008 JUDGMENT This appeal is preferred against the judgment of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)No.511 of 2004. The claimant sustained injuries in a road accident. She was working as part-time-sweeper in Catholic Syrian Bank and was aged 39 years at the time of accident. She was treated in the hospital as an inpatient for 12 days and she had sustained head injury as well as injury on the tibial spine. There was oedema for which treatment has to be taken. The Tribunal has awarded a total compensation of Rs.29,400/- with a further direction to the owner to reimburse the amount to the insurance company as breach of policy conditions. It is against that decision, the claimant has come up in appeal for enhancement. 2. Perused the award and heard the counsel for the appellant as well as the counsel for the insurance company. The main grievance of the appellant is that though a disability certificate fixing the disability at 10% was produced the Tribunal did not consider it at all and the amount awarded MACA 469/2008 -:2:- under the head loss of amenities and enjoyment in life is totally inadequate. There are also documents which according to the claimant would show that she was forced to take 145 days leave. The Tribunal found that the Doctor had only advised her to take rest for a period of 15 days. I do not want to disturb that finding for the reason that the Tribunal has awarded Rs.6,000/- towards actual loss of earning. The disability certificate is not proved, but the fact remains that she had sustained a fracture. She is a part-time-sweeper in a bank. She has to do physical exertion and she has to stand and she has also to bent. A fracture of the tibia would certainly cause loss of amenities and enjoyment in life and it will also make her work little uncomfortable. The Tribunal has awarded only Rs.2,000/- for discomfort and for loss of amenities, which I find is inadequate. Taking into consideration the disability certificate as such and these factors, I am inclined to enhance the compensation by Rs.7,000/- under the head loss of amenities and enjoyment in life. There is a breach of policy condition and so being a 3rd party the insurance company is bound to pay and get it reimbursed from the owner. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.7,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is MACA 469/2008 -:3:- directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment and on satisfaction of the award the insurance company is entitled to reimburse that amount also from the owner. M.N.KRISHNAN, JUDGE Cdp/-