IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 MACA.No. 1479 of 2004() ----------------------- OPMV.1343/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/ PETITIONER ---------------------------- NADEERA, W/O.BASHEER, CHEEVAKUZHY HOUSE, KOORKKENCHERY P.O., TRICHUR-7. BY ADV. SRI.M.V. THAMBAN SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.SREEKANTH.K.R RESPONDENTS/ RESPONDENTS: ------------------------------------ 1. E.SUNIL KUMAR, ELUMUTTATH HOUSE, VII/160, KEERANKULANGARA, THRISSUR. 2. SUKESH, S/O.SIDHARTHAN, KUNDOLI HOUSE, PANAMUKKU, NEDUPUZHA P.O., THRISSUR DISTRICT. 3. THE ORIENTAL INSURANCE CO.LTD., IIND FLOOR, T.D.BUILDING, P.B.NO. 158, ROUND WEST, THRISSUR DISTRICT. 4. KRISHNANKUTTY, S/O.SANKARA NARAYANAN, ANCHUMOORTHY, MANGALAM, ALATHOOR, PALAKKAD DISTRICT. 5. THE NEW INDIA ASSURANCE COMPANY LIMITED, 2ND FLOOR, KANJIRATHANAM BUILDING, KATTAPANA-685 508. 6. BINU.P.MANI, PENDANATH, NEDUMKANDAM P.O. ADV. SRI.JOY GEORGE FOR R5 SMT.PRAICY JOSEPH FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 1479 OF 2004 --------------------- Dated this the 30th day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thrissur, in OP(MV) 1343/00. The claimant, a 22 year old house wife, sustained injuries in a road accident and the Tribunal awarded her a compensation of Rs.22,000/-. Aggrieved by that decision, the claimant has come up in appeal for enhancement of compensation. 2. Heard the counsel appearing for both sides. A perusal of the disability certificate, which has been made available before me, would indicate that the claimant had sustained a fracture of the right ulna and abrasions on the right thigh, knee joint as well as on the face and ankle of the mandible. She was admitted in the hospital on 12.3.00 and discharged on 15.3.00. Open reduction was also done. The Doctor who issued the disability certificate noted that there is limitation of movements, stiffness on the wrist and weakness in the grip power and therefore assessed the disability at 10%. The disability had been issued by a Doctor who had not treated the claimant and who did not even conducted a radiological examination to find out the truth. Therefore, the Tribunal rightly accepted the disability at 3% and calculated the compensation. But it is a fact that a young house wife aged 22 years had sustained fracture of the ulna that too MACA No. 1479/04 2 of the right hand which means that she would have required the assistance of somebody to help her in the domestic affairs atleast for two months. Therefore, I award her a sum of Rs.3,500/- under that head. Similarly her clothings would have been destroyed and she would have taken nutritious food. I award Rs.500/- under that head. The Tribunal has only awarded Rs.5,000/- for pain and suffering which is inadequate when compared with the nature of the injury sustained and treatment undergone by the claimant. I enhance it by Rs.2,000/-. At the age of 22, the claimant had sustained a fracture of the right hand and according to the Doctor it had caused her some limitation in movements, stiffness and loss of grip power. It means that there is considerable loss of amenities and enjoyment in life for her. I enhance that amount by Rs.4,000/-. Therefore, the claimant will be entitled to an additional compensation of Rs.10,000/-. In the result, 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. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 1479/04 3