IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 MACA.No. 930 of 2007() ---------------------------------- (O.P.(MV) NO.150/2000 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, TRIBUNAL, THALASSERY) APPELLANT/PETITIONER: ------------------------------------- K.MADHAVI, W/O.T.K.KANNAN, AGED 70 YEARS, KUNHIKANDY HOUSE, PERIYAKOYIL ROAD, P.O.AZHIKKAL, KANNUR. BY ADV. SRI.M.V.AMARESAN RESPONDENT: 3RD RESPONDENT: ---------------------------------------------------- UNITED INDIA INSURANCE CO.LTD., THALASSERY. BY ADV. SRI.P.SANKARANKUTTY NAIR - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO.930 OF 2007 = = = = = = = = = = = = = = = Dated this the 10th 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, Thalassery in O.P.(MV)150/00. A 70 year old lady sustained injuries in a road accident. She had fracture on both bones of the right leg and fracture on 1st to 4th left metatarsal of right leg besides a lacerated wound on the right sole. She was under plaster cast up to 9.11.99. Though an exaggerated amount of Rs.70,000/- was claimed as treatment expenses she could produce only medical bills for Rs.5,335/-. The Tribunal also totally relied upon the disability certificate issued by the Medical Board which fixed her disability at 11%. It can be seen that her movements were restricted and there was limbing while walking. Though she was aged 70 years, she claims to be a tuition teacher and naturally the Tribunal did not accept it without reliable evidence. It took the notional income of Rs.15,000/- per M.A.C.A. 930 OF 2007 -:2:- annum and proceeded to calculate the compensation. I find that the Tribunal has awarded adequate compensation on all heads wherein it is awarded. But the Tribunal lost sight of the fact that a lady aged 70 years had sustained a fracture on both bones of the leg besides fracture on four metatarsals of the same leg with a wound on the sole. After a certain age when a person sustains fracture the process of recovery is very slow and it may add up to the problems which an old lady normally would have suffered. Therefore the Tribunal should have been considerate in granting at least some amount towards loss of amenities and enjoyment in life. She would have required the help of somebody as well and therefore I feel an amount of Rs.7,000/- can be awarded under that head taking into consideration the fact that already an amount of Rs.8,250/- has been granted under the head of permanent disability. Therefore the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,000/- with 7% interest on the said M.A.C.A. 930 OF 2007 -:3:- sum from the date 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/-