IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 MACA.No. 772 of 2008() ---------------------- OPMV.548/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- PADMAVATHY, W/O.NARAYANANKUTTY NAIR, VADAKKUNGARA HOUSE, P.O.NIRAMARUTHUR, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.C.DILIP SRI.VINOD RAVINDRANATH RESPONDENT(S): --------------- 1. SULAIMAN, S/O.YOUSUF, ORIKKAL KATTIL HOUSE, MANGAD, POST NIRAMARUTHUR, TIRUR TALUK, MALAPPURAM DISTRICT, (DRIVER). 2. T.K.ABDUL KAREEM, S/O.AHAMED, TIRUNAVAYA KALATHIL HOUSE, P.O.TRIPRANGODE, TIRUR TALUK, MALAPPURAM DISTRICT (OWNER). 3. ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, 2ND FLOOR, ROSY TOWERS, NUNGAMBAKKOM, CHENNAI (INSURER). ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.772 OF 2008 ............................................. Dated this the 23rd day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Tirur in OP(MV)No.548/2006. The claimant, a 59 year old lady claiming to be a nurse, sustained injuries in a road accident and she has been awarded a compensation of Rs.25,000/=. Dissatisfied with the quantum awarded, claimant has come up in appeal. 2. A perusal of the award in para-7 would reveal that she had bleeding from the nose and lost one tooth on the upper row. She had a fracture of the right humerus and had fracture of two teeth on the upper row. She was inpatient in a hospital from 7.3.2006 to 13.3.2006. There is no disability certificate produced. 3. Heard the learned counsel for both sides and perused the heads on which the compensation had been granted. Even if she is a house wife she would have been forced to appoint somebody to help her at least for two months and towards that I award a sum of Rs. 4,000/=. She had lost one : 2 : M.A.C.A.No.772 OF 2008 tooth for which I award a sum of Rs.2,000/=. She had sustained fracture of two teeth and had also a fracture of humerus which would indicate that there would have been some temporary disability and loss of amenities. Therefore under that head, I award a sum of Rs.2,000/= thereby the claimant will be entitled to have an additional compensation of Rs.8,000/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/= with 7.5% 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. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.772 OF 2008