IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 M.A.C.A.No. 268 of 2004(C) ---------------------- OP(MV). No.1041/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: --------------------- P.K.JAMEELA, W/O. MOHAMED, PARAYARKUZHIYIL HOUSE, KADUNGAPURAM P.O. BY ADV. SRI.P.SAMSUDIN RESPONDENTS/RESPONDENTS: ------------------------ 1. AHAMED KABEER, S/O. MOHAMED, MANINGACAHLI HOUSE, MONGAM P.O. (DRIVER). 2. P.VEERANKUTTY, S/O. YOUSUF, PANTHAVALAKKAL HOUSE, P.O. MONGAM (OWNER). 3. ORIENTAL INSURANCE CO. LTD., MANJERI. BY ADV. SRI.M.JACOB MURICKAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 268 OF 2004 --------------------- Dated this the 7th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 1041/02. The claimant, alleging to be a tailor by profession, sustained injuries in a road accident and the Tribunal had awarded a compensation of Rs.12,600/- by virtue of a reviewed award. It is against that decision, the present appeal is preferred by the claimant. 2. Heard the counsel appearing for the appellant as well as the Insurance Company. The claimant had sustained lacerated wound on the scalp, abrasion on the wrist joint, suspected fracture of the wrist right side and lacerated wound over the left foot with tenderness. She was readmitted in the District Hospital, Malappuram. She had undergone inpatient treatment for a period of 9 days. The radiological examination revealed that there was no fracture on the wrist but a fracture on the patella. She had undergone treatment till 1.10.2001. 3. After hearing both sides, I have decided to recalculate the compensation. Fixing her income at Rs.1,500/- towards loss of MACA No.268/04 2 earning she will be entitled to Rs.3,000/-. For 10 days hospitalisation she is given Rs.750/- as bystanders expenses. Towards extra nutritious food Rs.500/- is granted. Though medical bills are produced, I award Rs.1,500/- under that head. For pain and suffering Rs.5,000/- is granted. Being a house wife certainly there would have been loss of amenities and enjoyment in life for which I grant Rs.3,000/- under that head whereby the total compensation would come to Rs.13,750/- out of which Rs.12,600/- has already been awarded. Therefore the claimant will be entitled to an additional compensation of Rs.1,150/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.1,150/- with 7 % interest on the said sum from the date of petition till realisation from the respondents. 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.268/04 3