IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 MACA.No. 2832 of 2008(A) ------------------------------- OPMV.660/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPPALAM. ............................ APPELLANT(S): PETITIONER ------------------------ K.G. VIJAYALAKSHMI, W/O. GOPI, PANDIALAYIL HOUSE, KOLAZHY. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENT(S): RESPONDENTS -------------------------- 1. RAMESH.C.R, S/O. RAGHAVAN, CHELANGALIYATH HOUSE, THENGALOOR, THRISSUR. 2. ROYAL SUNDARAM ALLIANCE, INSURANCE CO. BRANCH OFFICE, SUNDARAM TOWERS, CHENNAI (P. NO. U M 00237478000101 VALID FROM 10/1/05 TO 9/1/06) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2832 OF 2008 = = = = = = = = = = = = = = = Dated this the 16th day of January, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottappalam in O.P.(MV)660/05. The claimant sustained injuries in a road accident and she has been awarded a compensation of Rs.16,250/-. It is against that decision the claimant has filed this appeal. 2. Heard the learned counsel for the appellant. She was admitted in the hospital on 14.4.05 and discharged on the next day. She had a lacerated wound on the forehead, fracture on the clavicle right and pain on the right thigh. She had expended an amount of Rs.6,250/-. A scan was taken which fortunately revealed that there was no intra cranial hemorrhage. The Tribunal awarded Rs.6,250/- towards medical expenses and a consolidated sum of Rs.10,000/- was awarded under other heads. After hearing the learned counsel for the appellant I think the compensation can be divided into parts as follows: M.A.C.A. 2832 OF 2008 -:2:- 3. Being a housewife having sustained a fracture on the clavicle it would have prevented her from doing any work for two months. So I award Rs.3,000/- under that head. She would have required the assistance of somebody to help her while in the hospital. For two days hospitalisation bystander's expense is allowed at Rs.200/-, extra nourished food Rs.500/-, transport to hospital Rs.500/-. For pain and sufferings I award Rs.7,000/- taking into consideration the injury on the forehead, the clavicle fracture as well as pain on the thigh. Certainly this would have caused her some loss of amenities and enjoyment in life and temporary disability at least for two months for which I award Rs.3,000/- towards loss of amenities and enjoyment in life which makes the total compensation at Rs.14,200/- out of which Rs.10,000/- is already granted. Or in other words the claimant will be entitled to an additional compensation of Rs.4,200/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.4,200/- with 8% interest on the said sum from the date of M.A.C.A. 2832 OF 2008 -:3:- 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/-