IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 MACA.No. 80 of 2005() ------------------------------ OPMV.2333/1997 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER. -------------------------------------- SAFIA, W/O. NISSAR, SYEDPARAMBIL, ERATTUPETTA. BY ADV. SRI.C.S.SUNIL RESPONDENTS/ RESPONDENTS. ----------------------------------------------- 1. JOY THOMAS, CHITHIRA HOUSE, KOZHA P.O., KURAVILANGADU. 2. SOMAN PILLAI, S/O. SANKARA PILLAI, THEKKEDATHU KAROTTU, VAZHOOR P.O., KODUNGAOOR. 3. NATIONAL INSURANCE CO. LTD. DIVISIONAL OFFICE, KOTTAYAM. ADV. SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.80 OF 2005 ===================== Dated this the 30th day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)No.2333 of 1997. The claimant a 26 year old lady, sustained injuries in a road accident. She has been awarded a compensation of Rs.70,100/-. Dissatisfied with the same the claimant has come up in appeal. 2. Paragraph 5 of the award would reveal that the claimant had sustained a fracture of the clavicle, fracture of pubic ramus, communited fracture of femur and fracture of both bones of right leg and she was treated in the hospital as an inpatient for a period of 20 days. A disability certificate of 19% was produced and medical bills for Rs.3,615/- were produced. The Tribunal fixed her income at Rs.1,500/-, applied a multiplier of 17, accepted the disability only at 10% and awarded the compensation. The Doctor, who issued the disability certificate was not examined. Therefore I am not in a position to increase the percentage of disability. When the disability compensation is calculated, the claimant is entitled to MACA 80/2005 -:2:- an additional compensation of Rs.1,800/- under that head. A perusal of the award would reveal that a young lady had sustained fracture of the clavicle, fracture of pubic remus as well as communited fracture of femur and also fracture on both bones of right leg. There had been very serious injuries which would have taken a long time for the lady to recover and come back to normalcy. These fractures should have affected her day-to-day life and certainly at the young age, she would have been deprived of the loss of amenities and enjoyment in life. Taking into consideration all these aspects, I am inclined to grant her Rs.7,000/- towards loss of amenities and enjoyment in life. Therefore the claimant will be entitled to an additional compensation of Rs.1,800/-, which I round as Rs.9,000/-. Therefore the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.9,000/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/- MACA 80/2005 -:3:-