IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 MACA.No. 35 of 2009() -------------------------------- OPMV.2304/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OP(MV) ----------------------- P.SANTHA, W/O.VELAYUDHAN, AGED 65 YEARS, KUNNUMPURATH VEEDU, FEROKE COLLEGE POST, PALLITHAZHAM BUST STOP, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------- 1. VIJAYAKUMAR, S/O.GANGADHARAN NAIR, VALAPPIL VEEDU, CHELANNOOR POST, KOZHIKODE. 2. NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, PARCO TOWERS, P.M.TAJ ROAD, KOZHIKODE. R2 BY MR.MATHEWS JACOB, SENIOR ADVOCATE R2BY ADV.MR.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.35 OF 2009 ............................................. Dated this the 17th day of September, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.2304/2003. The claimant, a 60 year old woman sustained injuries in a road accident and she had been awarded a compensation of Rs.3,000/=. The claimant has come up in appeal dissatisfied with the said amount. The learned counsel for the appellant had made available before me a discharge card issued by the Ferook hospital. It would show that the claimant had sustained an injury over scalp i.e, a lacerated wound of 5x2 cms over the left parietal region and suturing was done under local anesthesia. She was administered antibiotic and other treatments and admitted as an inpatient for 5 days. The Tribunal itself has noted the medical expense at Rs.993/=. Considering the fact that she had suffered an injury on the scalp coupled with hospitalisation, it is certain that she would have been prevented from doing her work for some time and even her domestic household : 2 : M.A.C.A.NO.35 OF 2009 work and therefore, I am inclined to fix a total compensation of Rs.7,000/=, out of which Rs.3,000/= has been awarded by the Tribunal. Therefore the appeal is partly allowed and the claimant is awarded an additional compensation of Rs.4,000/= with 7.5% interest on the said sum from the date of the petition till 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. M.N.KRISHNAN, JUDGE cl