IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 MACA.No. 181 of 2004() ---------------------- OPMV.660/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: ---------------------------- KALATHIL SATHYWATHI, AGED 35 YEARS, D/O.RADHAKRISHNAN, KALATHIL HOUSE, P.O.CELAMBRA. BY ADV. SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENTS/RESPONDENTS: ----------------------------------- 1. RAJAPPAN, S/O.PALANIYAPPAN, ARTHANARI GOUNDER STREET, SALEM (OWNER AND DRIVER)(HE IS NOT MADE IN PARTY IN THE APPEAL SINCE NO RELIEF IS SOUGHT AGAINST HIM). 2. UNITED INDIA INSURANCE COMPANY LIMITED, SALEM, TAMIL NADU. BY ADV. SRI.P.R.RAMACHANDRA MENON FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 181 OF 2004 --------------------- Dated this the 29th day of May, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 660/98 whereby the Tribunal has awarded a compensation of Rs.4,500/-. It is against that decision, the present appeal is preferred. 2. The appellant/ petitioner had sustained lacerated injuries of various dimensions on the right side of the eye, on the forehead, on the lip, on the right shoulder, and abrasions on the left wrist besides another lacerated wound on the occipital region. She was treated in the Medical College Hospital, Calicut from 6.6.96 to 12.6.96. The discharge card would reveal that she had multiple soft tissue injury with fracture of the dento alvelon. She had been prescribed medicines. The Tribunal has only awarded a compensation of Rs.4,500/- globally. It appears to be incorrect. She is a coolie aged 30 years. Considering the nature of injuries including the fracture on the alvelon, I award Rs.2,000/- towards loss of amenities and enjoyment of life . For six days hospitalisation and MACA NO.181/04 2 later visits to the hospital, I award Rs.1,500/- as medical expenses. Towards bystanders and transport expenses, I award a sum of Rs.1,000/-. The factum that she had sustained various injuries including the fracture though of a minor nature, I award a compensation of Rs.3,500/-. Thus the total compensation she is entitled to will come to Rs.8,000/-. Since she has already been awarded a sum of Rs.4,500/- by the Tribunal, she is entitled to an additional compensation of Rs.3,500/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.3,500/- with 7 % interest on the said sum from the date of petition till realisation from the respondents jointly and severally. 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