IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 MACA.No. 558 of 2008() ------------------------------- O.P.(MV) NO. 568/1998 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, KALPETTA ........................... APPELLANT/PETITIONER: ----------------------------------- P.V.KADEEJA, W/O. ABDULLAKUTTY, PALLIPPARA HOUSE, ODATHODU, CHUNDALE P.O., VYTHIRI TALUK, WAYANAD DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS/RESPONDENT NO. 3 & 6: -------------------------------------------------------- 1. NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, MANUEL SONS TOWER, G.H.ROAD, KOZHIKODE. 2. UNITED INDIA UNSURANCE CO. LTD., BRANCH OFFICE, P.B.41., MAIN ROAD, KALPETTA-673 121. ADVS. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R1 SRI.P.SANKARANKUTTY NAIR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ln M.N. KRISHNAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= M.A.C.A.No. 558 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 15th day of September, 2009 JUDGMENT This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P. (MV) No.568 of 1998. The claimant sustained injury in a road accident and she was a coolie worker and aged 22 years. I have perused the disability certificate as well as the wound certificate in this case. The claimant sustained a fracture of pubic ramus. She was admitted in the hospital on 9-8-1998 and discharged on 12-8-1998 and her condition was satisfactory at the time of discharge. The disability certificate issued by the doctor would reveal that due to the fracture of the pubic ramus, the percentage of disability is 2%. But the doctor added that it will affect the claimant’s day today activities in life. The permanent disability has to be computed on the basis of the disability and I feel that 2% disability calculated by the Tribunal need not be interfered with, but there are grounds that require interference. 2. On account of the injury sustained, the claimant could not have worked at least for one month and therefore additional compensation of Rs.1,300/- has to be awarded under that head. Only very nominal MACA 558/08 2 compensation of Rs.2,000/- is granted for pain and suffering. Considering the fracture of the pubic ramus, I allow Rs.4,000/- more under that head. When a lady sustains injury in the nature of a fracture of pubic ramus, it will affect her day today activities in life and also there will be certain loss of amenities and enjoyment in life. I award Rs.5,000/- under that head. Thereby, the claimant will be entitled to additional compensation of Rs.10,300/-. 3. In the result, the appeal is partly allowed and the appellant/claimant is awarded additional compensation of Rs.10,300/- with 7.5% interest from the date of petition till realization. The respondents are directed to deposit equal halves of the amount towards compensation and they shall deposit the same within a period of 60 days from the date of receipt of copy of this judgment. M.N.KRISHNAN, JUDGE. mn.