IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 MACA.No. 1225 of 2009() ----------------------- OPMV.1547/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S)/ PETITIONER IN OP(MV): ---------------------------------------------------------- AMMINI, W/O.VARIATHPARAMBIL KUMARAN, MANGIDI DESOM, PUTHENCHIRA VILLAGE AND P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS(S)/ IN OP(MV): ------------------------------------------- 1. LIJO, S/O.PULIKKAL JOHNY, MALA P.O., THRISSUR. 2. NEW INDIA ASSURANCE CO.LTD., ROUND NORTH, THRISSUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1225 OF 2009 ............................................. Dated this the 10th day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.1547/2006. The claimant, a 59 year old manual labourer by profession, sustained injuries in a road accident and she has been awarded a compensation of Rs.33,300/=. Dissatisfied with the same, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant. A perusal of the award would reveal that she was admitted in the Jubilee Mission Hospital, Trichur with a lacerated wound on the occipital region and fracture of the head of the left fibula. Later she was again readmitted for a period of 5 days and investigation revealed that she had a fracture of right elbow as well. She had also continued treatment after the discharge. A disability certificate of 7% was produced but it was not proved and accepted and it was taken into consideration for the purpose of grant of compensation for loss of amenities. The Tribunal considering the wage set : 2 : M.A.C.A.No.1225 OF 2009 up of 2006, a minimum amount has been taken as the income. I fix it at Rs.2,000/= and for four months, I award an additional compensation of Rs.2,000/= under that head. Though the disability is not proved, the fracture sustained to the lady at the age of 59 would affect her day to day activities besides the working capacity for some days. Therefore I am inclined to enhance the compensation by Rs.3,000/= thereby the claimant will be entitled to an additional compensation of Rs.5,000/=. 3. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/= with 7% interest from the date of the petition till the realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.1225 OF 2009 : 4 : M.A.C.A.No.1225 OF 2009