IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 MACA.No. 965 of 2008(F) ----------------------------- OPMV.1423/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): A/PETITIONER ----------------------------------------- PUSHPA, W/O.MURALEEDHARAN, AGED 40 YEARS MANGHATTUKANDI HOUSE, VENGERI POST, KOZHIKODE BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S): /RESPONDENTS OPMV ------------------------------------------- 1. M,.G.PAULOSE, S/O.CHEE VARGHESE MADHURA VANAN, CIVIL STGATION POST, KOZHIKODE 2. V.R.PREMAN , S/O.RAMAKRISHNAN, AGED 56 YE ARS, VALATH HOUSE, EDASSERY POST, THALIKULAM, THRISSUR. 3. THE UNITED INDIA INSURANCE COM.LTD., DIVISIONAL OFFICE-11, 2ND FLOOR SEEMA TOWERS, BANK ROAD, MAVOOR ROAD JUNCTION, KOZHIKODE. ADV. SRI.N.M.JAMES FOR R1 & R2 SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 965 OF 2008 = = = = = = = = = = = = = = = Dated this the 13th day of January, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1423/00. The claimant, a 32 year old lady sustained injuries in a road accident and she has been awarded a total compensation of Rs.7,500/- and it is against that decision she has come up in appeal for enhancement. 2. The Tribunal did not rely on the documents produced by the claimant. On a perusal of these documents there is nothing wrong in relying on them for the reasons which I state as follows. 3. Immediately after the accident on 24.4.00 she was taken to the Medical College Hospital and she had an abrasion on the right ankle with swelling on the right ankle. Radiological examination would reveal that a bimallolar fracture on the right ankle with a fracture on the 5th meta tarsal. Thereafter she had visited the District Co-operative M.A.C.A. 965 OF 2008 -:2:- Hospital, Kozhikode and she was treated as an inpatient there from 10.5.00 to 3.6.00. At the time of admission it was found that POP cast which was applied for the bimalleolar fracture has got infected and therefore further treatment was necessary including to remove the infection caused. For that she had undergone a prolonged treatment. The factum that she had sustained bimalleolar fracture as well as fracture on the meta tarsal are clearly evident from the documents. It is produced in the form of out patient ticket as well as the wound certificate. There was also some injury on the scalp but unfortunately the X-ray of the scalp reveal that there was no head injury. So the matter requires reconsideration as follows: 4. With two fractures, even if she is a housewife she would not have been in a position to do any work for some time especially when she had been in the hospital as an inpatient from 10.5.00 to 3.6.00 and therefore I award an amount of Rs.3,000/- towards the actual loss of earnings. Similarly, though medical bills are produced to a tune of M.A.C.A. 965 OF 2008 -:3:- Rs.16,000/- the Tribunal has only awarded Rs.3,000/- but it is stated in the award that the name of the person is not shown in the medical bills therefore taking into consideration the long duration of treatment coupled with the complication developed I fix the medical expenses at Rs.5,000/-. Towards bystander's expenses and other expenses I award Rs.1,500/-, towards compensation for pain and sufferings I award a sum of Rs.7,000/- and when a young lady aged 32 years sustained injuries on her ankle it would have caused much inconvenience in her day-today life as well as it would have resulted in loss of amenities and enjoyment in life. Therefore I award an amount of Rs.5,000/- under that head thereby enabling the claimant to have a total compensation of Rs.21,500/- out of which Rs.7,500/- is already granted. Therefore the claimant will be entitled to an additional compensation of Rs.14,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.14,000/- with 6% interest on the said sum from the date M.A.C.A. 965 OF 2008 -:4:- of petition till realisation and the insurance company 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/-