IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 MACA.No. 873 of 2007() ---------------------------------- OPMV.621/2000 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): /PETITIONER IN OP (M) -------------------------- RAMIJA, W/O AKBAR, AGED 43 YEARS, RESIDING AT SHEFEEQUE MANZIL, P.O.KALLAI FRACIS ROAD, KOZHIKODE. BY ADVOCATE MR. AVM.SALAHUDIN RESPONDENT(S): RESPONDENTS IN OP.(MV) -------------------------- 1. T.VASU, S/O KUTTAYI, RESIDING AT THARAYIL HOUSE, P.O.WEST HILL, KOZHIKODE. (OWNER OF THE GOODS AUTORIKSHAW NO.KRD-4675). 2. NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, P.B.NO.811, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. (INSURER OF THE GOODS AUTHORIKSHAW NO.KRD-4675). 3. M/S NEW INDIA ASSURANCE COMPANY LTD., TRIPURI BUILDING, EAST NADAKAVU, KOZHIKODE. R2 & R3 BY ADVOCATE MR. P.JAYASANKAR FOR R2 & R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.873 OF 2007 ===================== Dated this the 21st day of January 2009 JUDGMENT This appeal is preferred against the award of the Ist Addl.Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.621 of 2000. The claimant sustained injuries in a road accident while she was travelling as a pillion rider. She has been awarded a compensation of Rs.29,800/-. It is against that decision the claimant has come up in appeal. 2. Heard the counsel for the appellant as well as the counsel for the insurance company. The accident took place on 23.1.2000. She was admitted in the hospital on 24.1.2000 and discharged on 1.2.2000. She was treated in Fathima Hospital, Kozhikode. The investigation reveals that she had sustained a fracture on the nasal bone. She had also sustained fracture of the maxilla. It would show that she had tenderness at left zygomatic region. The treatment records would reveal that fixation of left maxillary fracture was done under local anesthesia and it was repaired by IMF wiring. She was administered medicines. So, it is clear that the applicant had sustained two fractures besides other injuries. The fracture of the nasal bone MACA 873/2007 -:2:- with fracture on the maxilla and difficulty to chew, pain on the left side of the face and the difficulty to open the mouth, etc. would have certainly caused her excruciating pain and therefore I feel this is a fit case where compensation for pain and suffering has to be increased by Rs.3,000/-. A young lady at the age of 37 had sustained two fractures on the face and necessarily it has to be stated that it would have prevented her from even taking proper food for a long time. The fracture of the nasal bone also would have caused difficulty even in breathing. Certainly, this would have resulted in loss of amenities and enjoyment for her for a long time. I am inclined to award her Rs.7,000/- under that head. On all other heads, she had been adequately compensated by the Tribunal. Therefore, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.10,000/- 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/-