IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 M.A.C.A.No. 1416 of 2005(B) ----------------------- OP(MV).1192/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/CLAIMANT: ------------------- PRASANTHA, W/O.VIJAYAN, THEKKEL (H), EDAKKATTUKAYATTAM BHAGAM, MADAKKATHANAM P.O., KAPPU KARA, MANJALLOOR VILLAGE BY ADV. SRI.C.M.TOMY SRI.MATHEW SKARIA RESPONDENTS/RESPONDENTS: ------------------------ * 1. P.M.AMBADY, S/O.MOHANAN, PARAPURATHU (H), VATTAPPARA KARA, CHATHURANGAPPARA VILLAGE.(DELETED) 2. K.K.MOHAMMED, KAMPATHU(H), CHERUVATTOOR, KOTHAMANGALAM. 3. ORIENTAL INSURANCE CO LTD., KOTHAMANGALAM. BY ADV. DR.ELIZABETH VARKEY - R3 (*R1 IS DELETED FROM THE PARTY ARRAY OF RESPONDENTS AT THE RISK OF THE APPELLANT AS PER ORDER DATED 18/01/2007 IN I.A. NO. 98/07.) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: scm M.N.KRISHNAN, J ===================== MACA No.1416 OF 2005 ===================== Dated this the 17th day of July, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)No.1192 of 2002. The claimant,a 40 year old lady, sustained fracture of the first lumbar vertebra, L.S.Spine-minimal compression, pain and tenderness over left knee and upper leg. She was treated in the hospital as an inpatient for 3 days. The Tribunal awarded a consolidated amount of Rs.15,000/-. It is against that decision the present appeal is filed. It is true that there is no headwise calculation. For medical expenses, the claimant had spent an amount of Rs.2,126.16, which is taken as Rs.2,200/-. On account of the fracture of the first lumbar vertebra she would not have been in a position to work at least for a period of two months. I award her Rs.2,500/-. Towards extra nourishment, bystander expenses and under the head transport expenses, I grant a sum of Rs.800/-. For pain and suffering, considering the hospitalization and the factum of the lumbar vertebra, I award Rs.6,000/-. Certainly a fracture on the vertebra would have caused considerable MACA 1416/2005 -:2:- inconvenience for a lady. I award her a sum of Rs.5,000/- under that head. The total compensation therefore would come to Rs.16,500/-. No materials is available to show that she had incurred any disability on account of the fracture of the vertebra. Therefore the claimant will be entitled to an additional compensation of Rs.1,500/-. MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.1,500/- with 7% interest on the said sum from the date of petition till realisation. 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/-