IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 MACA.No. 618 of 2005() ---------------------- OPMV.595/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): APPELLANT ----------------------- UMMATTI,AGED 62,W/O.ALAVI, POOKAYIL HOUSE,RANDATHANI P.O. BY ADV. SRI.DILIP MOHAN RESPONDENT(S): --------------- 1. MARTIN K.OUSEPH,KOLANGADAN HOUSE, KUTTOR,KOLLENGOD. 2. DR.P.K.KUTTY,S/O.MUHAMMED HAJI, PATHOOR HOUSE,MOOCHIKAL,VALANCHERY. 3. THE NEW INDIA INSURANCE COMPANY LTD., BRANCH OFFICE,TAZHEPALAM,TIRUR. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.NO. 618 of 2005 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October, 2009 JUDGMENT Notice to R2 dispensed with. For the reasons stated in the accompanying affidavit and in the interest of justice delay is condoned. 2. This is an appeal preferred against the award passed by the Motor Accident Claims Tribunal, Tirur in OP(MV) 595/98. The claimant is a 55 year old lady who sustained injuries in a road accident. She had a fracture of tibia and fibula. She was admitted on 16.5.1998 and discharged on 1.6.1998. She has undergone a surgery for internal fixation. The Tribunal awarded a total compensation of Rs.52,200/-. It is to be stated that no amount is seen to have been granted for the actual loss of earning due to the accident, though she had sustained fracture in both bones of the right leg. The claimant would not have been in a position to do work for 3 months. At the rate of Rs.1,500/-, I award Rs.4,500/-. Though no disability certificate is produced, the fracture of both bones of the right leg, would have 2 M.A.C.A.NO.618/05 certainly caused inconvenience in her day to day life and even as a housewife and therefore I enhance the amount under that head by Rs.2,000/-, thereby entitling the claimant to have additional compensation of Rs.6,500/- . In the result, M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs.6,500/- with 7.5% interest on the said sum from the date of petition till realisation and the Insurance Company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE sks/-