IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 MFA.No. 100 of 2003(B) ---------------------- OPMV.582/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT: PETITIONER ------------- KATTIYATH ALEEMA W/O. ABOOBACKER, AGED 39 YEARS, ODAKUNDIL HOUSE, THALAPUZHA CHUNGAM POST THALAPUZHA, WAYANAD DISTRICT BY ADV. SRI.N.J.ANTONY RESPONDENTS: RESPONDENTS ------------------ 1. A.N.SASI S/O. AYYAPPAN, AGE NOT KNOWN NJADAMBUMKANDATHIL HOUSE, CHOOTTAKKADAVU, MANANTHAVADY, WAYANAD DISTRICT (OWNER OF SREELAKSHMI BUS NO.KED 1070) 2. T.N.PRAKASAN @ KUNHIBAVA S/O. NARAYANAN, AGED 27 YEARS THAZHATHU HOUSE, OZHAKODE, VEMOM AMSOM, MANANTHAVADY, WAYANAD DISTRICT. (DRIVER OF BUS NO.KED 1070. D.L.NO.NOT KNOWN) 3. THE NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE, M.G.T. BUILDING, KALPETTA NORTH (INSURER OF BUS NO. KED 1070, POLICY NO.3176060455171, CERTIFICATE NO.7894) 4. K.C.JOHNY S/O. CHACKO, AGE NOT KNOWN, KALATHUNGAL HOUSE, KANICHAR POST, KANNUR DISTRICT (OWNER OF JEEP N.KRC 8330) MFA.No.100/2003 : 2 : 5. KUNHIRAMAN S/O CHANDU, AGE 36/95, RESIDING AT CHAPPARATH HOUSE, PERIYA, PERIYA AMSOM DESOM, MANANTHAVADY TALUK, WAYANAD DISTRICT (DRIVER OF JEEP KRC 8330, D.L.NO NOT KNOWN) 6. THE NEW INDIA ASSURANCE CO.LTD, ARISTO COMPLEX, NEAR POST OFFICE, MAHE, (INSURER OF JEEP NO.KRC 8330, POLICY NO.3176080301387. CERTIFICATE NO.438157) BY ADV. SRI.M.RAJAGOPALAN SRI.RAJIT THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- M.F.A.No.100 OF 2003 ------------------------------- Dated this the 4th March, 2008. J U D G M E N T Advocate Sri.M.Rajagopalan takes notice for the 3rd respondent, Insurance Company. Notice to other respondents is dispensed with. The appeal itself is heard and disposed of. 2. The appellant who was aged 33 years sustained a fracture to pelvis. She was awarded an amount of Rs.18,200/= as compensation with 9% interest. She claimed compensation for permanent disability, but that was rejected on the ground that the Doctor was not examined. The evidence in this case shows that there were fracture interior and superior pubic rami of right hemi pelvis. Appellant was a 33 year old lady. So, even without any medical evidence, it is clear that she will have many difficulties in leading a normal life. So, I am of the view that at least an amount of Rs.10,000/= more ought to have been awarded as compensation in this case, considering the nature of fracture and also the age of the victim. MFA.No.100/2003 2 In the result, the appeal is allowed in part. An award is passed allowing the appellant to recover an amount of Rs.10,000/= as additional compensation from the third respondent, Insurance Company, with 7.5% interest from the date of petition, till the date of realisation. The third respondent is directed to deposit the above amount in favour of the appellant. On deposit, the appellant can withdraw the amount. K.PADMANABHAN NAIR, JUDGE nj. K.PADMANABHAN NAIR, J. ------------------------------- M.F.A.No.100 OF 2003 J U D G M E N T Dated: 4th March, 2008. -------------------------------