IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 M.A.C.A.No. 2196 of 2006(B) ----------------------- OPMV.1749/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER; -------------------------------------- SAINABA, AGED 70 YEARS, W/O.ALAVI, PATTERTHODI HOUSE, P.O.POOKKOTTUMPADAM, PERUCHOOL, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENTS/2ND AND 3RD RESPONDENTS: ------------------------------------------------------------------ 1. K.M. KUNHI, KARIKKATTUMANNIL HOUSE, THOTTAKKARA, POOKOTTUMPADAM, MALAPPURAM DISTRICT. 2. NATIONAL INSURANCE CO.LTD., REPRESENTED BY BRANCH OFFICE, KORAMBAYIL ARCADE, PANDIKKAD ROAD, MANJERI. BY ADV. SRI.JOE KALLIATH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2196 OF 2006 -------------------------------- Dated this the 12th day of August, 2008 J U D G M E N T This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri in O.P.(M.V)No. 1749/2001. The claimant, a 65 year old lady, sustained fracture of the tibia and fibula and the Tribunal awarded a compensation of Rs. 12,093/-. It is against that decision the appeal is preferred for enhancement. 2. Heard the counsel for both sides. 3. A perusal of the wound certificate would reveal that she had sustained fracture on the tibia and fibula and was treated as inpatient for 4 days from 18.8.2001 to 22.8.2001. Thereafter she was again admitted on 12.11.2001 and discharged on 13.11.2001. It also would indicate that she had a fracture of the tibia and fibula and her leg was under plaster cast which was removed. The Tribunal did not award any compensation for loss of actual earning and loss of amenities in life. The records would reveal that her leg M.A.C.A.No. 2196/2006 - 2 - was plaster cast for more than three months. At the rate of Rs. 1,500/- per month, an amount of Rs. 4,500/- has to be awarded towards actual loss of earning. For a 65 year old lady, a fracture of tibia and fibula would certainly cause loss of amenities and enjoyment and she may become a dependent in the process of time. Therefore I award an amount of Rs. 4,000/- under that head. Therefore the claimant will be entitled to get an additional compensation of Rs. 8,500/-. Therefore the M.A.C.A is partly allowed and the claimant is entitled to get an additional compensation of Rs.8,500/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the amount within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN, JUDGE vkm