IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 MACA.No. 109 of 2007() -------------------------------- OPMV.1155/1998 OF IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT/PETITIONER: ------------------------------------- K. DEVAKI, D/O. KUNJAN, AGED 53 YEARS, PYKUTTI KADUVANKULAM, P.O. KARUVANTHURUTHI, VIA. FEROKE, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS/RESPONDENTS 1 & 3: ------------------------------------------------------ 1. THE MANAGING PARTNER, SABARIMALA TRANSPORT SERVICE, EAST HILL, P.O. WEST HILL, KOZHIKODE. 2. THE NEW INDIA ASSURANCE CO. LTD., CALICUT BRANCH-III, EAST NADAKKAVU, KOZHIKODE-6. ADV. SMT.M.HEMALATHA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 109 OF 2007 = = = = = = = = = = = = = = = Dated this the 5th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1155/98. The claimant, while travelling in a bus sustained injuries on account of the accident and the Tribunal has awarded a compensation of Rs.24,900/-. It is against that decision, the claimant has come in appeal for enhancement. 2. It is submitted that the claimant was a part time sweeper in a primary health centre having a salary of Rs.1,300/- at the time of the accident. Learned counsel had made available before me a copy of discharge card. It would show that she was admitted on 10.11.97, operated on 13.11.97 and discharged on 3.12.97. She had class II compound fracture on both bones of left leg. A perusal of the discharge card would show that she had been continuously visiting hospital upto 2.7.98. i.e, about nine occasions. Exts.A6 and A8 certificates produced would show M.A.C.A. 109 OF 2007 -:2:- that she was initially on leave for 118 days and subsequently for 27 days. Learned counsel for the insurance company would submit before me those documents cannot be accepted as the description of her injury in the certificate is wrong. Even if there is a doubt regarding the certificate it is clearly revealed from the medical documents that her leg was under plaster cast up to 2.7.98. So there cannot be any doubt about the fact that especially being a sweeper she would not be able to do her work as it requires physical exertion and standing for a long time with a fracture on the leg. Therefore I feel compensation has to be awarded for the loss of income. It is also a settled principle of law that when a person has to take leave on account of an injury sustained there will be difficulty for him to take other types of leave when occasion arise and all the more in a case of a part time sweeper for the reason that she is only a temporary employee who does not have the benefit of getting leave. So taking in to consideration these aspects for five months the amount is fixed at Rs.6,500/- out of which Rs.3,000/- is M.A.C.A. 109 OF 2007 -:3:- awarded and so she is entitled to get additional compensation of Rs.3,500/- under the head of loss of earnings. It is true that no documents are produced to show any disability but the fact remains that she was visiting hospital regularly for a period of at least 7 months and being a housewife cum part time sweeper would have found it very difficult to do her day-today activities which should have resulted in loss of amenities for which I award a sum of Rs.5,000/-. Therefore the claimant is entitled to get an additional compensation of Rs.8,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,500/- with 6% interest on the said 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/-