IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 MACA.No. 1378 of 2006() ----------------------- OP(MV)843/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER ------------------------------------- MOLEY, W/O.BIJU, OLATHIMYALIL HOUSE, MITTAYIKUNNU KARA, VADAYAR VILLAGE, THALAYOLAPPARAMBU, KOTTAYAM DISTRICT. BY ADV. SRI.T.K.KOSHY RESPONDENTS: REPONDENTS 2 & 3 ----------------------------------------- 1. JOY THOMAS, S/O.THOMAS, MATTATHIL HOUSE, MANJOOR - P.O., KOTTAYAM DISTRICT. 2. NATIONAL INSURANCE CO.LTD., THRIPPUNITHURA. BY ADV. SRI.JOE KALLIATH FOR R.2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1378 OF 2006 -------------------------- Dated this the 23rd July, 2008. JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P(MV) 843/03. The claimant, a lady aged 31 years, sustained injuries in a road accident. The Tribunal has awarded compensation of Rs.22,300/-. It is against that decision she has come up in appeal. 2. Heard both sides. 3. A perusal of the award would reveal that she has sustained deep injuries on the left eye brow, deep lacerated injury on the left upper eye lid, bleeding from left nostril with mucosal abrasion, abrasion on right shoulder and left maxilla, a soft tissue injury on the right lower back. She was admitted in a private hospital and was treated as an inpatient there for five days. There has been some problem for her teeth which required root canal treatment. To add agony to her she was carrying and she was in a stage of pregnancy for eight months at the relevant time of accident. I feel, the following enhancement can be granted in this case especially M.A.C.A.1378/06 2 considering the factum of her advanced stage of pregnancy: 4. The loss of earning granted for one month is too inadequate and, therefore, I enhance it for one more month at Rs.2,000/-. Similarly, though the injuries are not very serious in nature, the fact that she was pregnant and she had sustained injuries on her face could have made her suffer severe agonising pain and therefore I enhance the compensation for the same at Rs.2,000/-. So also, in a case of this nature, certainly it would have caused her loss of amenities and enjoyment and the apprehension for a safe delivery would have added to her agony. I award Rs.2,000/- more under that head. The estimate for treatment expenses is Rs.20,468. Out of which bills are produced for Rs.2,468. It is seen that she requires a root canal treatment. Most probably it could not be done on account of advanced pregnancy at that time. The Tribunal had awarded Rs.10,000/-. I grant her a further sum of Rs.2,000/-, taking into consideration the cost of treatment now. Therefore, the claimant will be entitled to an additional compensation of Rs.8,000/- (Rupees eight thousand only). MACA is party allowed and the claimant is entitled to an M.A.C.A.1378/06 3 additional compensation of Rs.8,000/- (Rupees eight thousand only) with 6% interest from the date of petition till realisation and the insurance company is directed to deposit the amount within sixty days from the date of receipt of a copy of this judgment M.N.KRISHNAN, JUDGE jj