IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 MACA.No. 482 of 2005() ---------------------- OPMV.1720/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER ------------------------------------- JAYA ELDHOSE W/O. ELDHOSE, NELLIMATTATHIL @ KOTTANAKKODAN HOUSE, KARINGAZHA, KOTHAMANGALAM. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENTS: RESPONDENTS ------------------------ 1. SKARIYA, S/O. FR.GEE VARGHESE, NADUMTHALLIL HOUSE, ANGADI KARA, KOTHAMANGALAM. 2. POULOSE S/O. CHANDY, KOTTACKAL HOUSE, UNJAPPARA KARA, KEERAMPARA VILLAGE. 3. SUSAN PHILIP, 6.3 RD STREET, RAILWAY COLONY, CHENNAI. 4. NATIONAL INSURANCE COMPANY, AMINJIKARAL BRANCH, 29, PULLA AVENUE, SHENOY NAGAR 600 030. 5. ORIENTAL INSURANCE COMPANY, ELENGICAL PLAZA, KOTHAMANGALAM. BY ADV. SRI.MATHEWS JACOB (SR.) FOR R4 SRI.P.JACOB MATHEW FOR R4 SRI.M.JACOB MURICKAN FOR R5 SRI.A.K.RAMACHANDRAN FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/07/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 482 OF 2005 --------------------- Dated this the 24th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Muvattupuzha, in OP(MV) 1720/01. The claimant, a house wife, sustained injuries on the forehead as well as a fracture of the 3rd cervical lamina. She was treated as outpatient. The Tribunal awarded a compensation of Rs.3,250/-. Dissatisfied with the same, the claimant has come up in appeal. 2. Admittedly the claimant is a house wife. When she had sustained fracture of the cervical lamina, it is certain that she would not have been in a position to do the domestic work for which I award Rs.1,500/- as loss of earning for the reason that she would have been forced to employ somebody to do household works. Bearing a collar and sustainment of a fracture of the cervical lamina would have caused her agonizing pain. Therefore I enhance Rs.2000/- for pain and suffering. On account of the fracture, there would have been loss of amenities and enjoyment in life for temporary period, for which I fix the compensation at Rs.3,000/-. Therefore, the claimant is entitled to an additional compensation of Rs.6,500/-. MACA No.482/05 2 In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,500/- with 7% interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.482/05 3