IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 MACA.No. 1641 of 2004() ----------------------- OPMV.643/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/APPLICANT: ------------------------------------- LEELA, D/O.KUNJI AMMA, T.C. 35/151, VIKALANGER COLONY (HANDICAPPED COLONY), MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR SRI.BINDU SREEKUMAR RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. P.EBRAHIM HABEEB ELECTRICALS, SHOP NO.9, BEEMAPALLY, THIRUVANANTHAPURAM. 2. KHAJA, S/O.M.MUHAMMED ELLIYAS, T.C.46/254, MARUTHIVLAKAM HOUSE, BEEMAPALLY ROAD, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. 3. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE, T.C.26/1486, II FLOOR, GOVERNMENT PRESS ROAD, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAMASWAMY PILLAI - R1 & R2 SRI.P.M.JOSEPH - R1 & R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.1641 OF 2004 ===================== Dated this the 4th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thiruvananthapuram in O.P.(MV)No.643 of 1999. The claimant aged 62 years and a coolie by profession, sustained injuries in a road accident. She had been awarded a compensation of Rs.17,500/-. It is against that decision the present appeal is filed for enhancement. 2. Heard. It can be seen that the claimant sustained a fracture on the wrist. She had a comminuted fracture which is evident from Ext.A5. She was diagnosed for colles fracture and she was treated as outpatient till 24.1.1994. It is also stated that she had malunited fracture. Ext.A8 is the disability certificate issued by the Doctor, who is an Assistant Professor of Orthopedics, Medical College, Thiruvananthapuram. It is clear from his report that there is visible deformity at the right wrist and there is subluxation and loss of grip. The Doctor has also certified that she will find it difficult for lifting weight, washing clothes, cleaning of vessels, etc. She is only a coolie by profession. I feel 7% disability assessed by the MACA 1641/2004 -:2:- Doctor can be taken instead of 5% as done by the Tribunal. When it is worked out by 7% it can be seen that the annual loss of earning would come to Rs.1260/- and multiplied by 5 it will come to Rs.6,300/-. The Tribunal has awarded Rs.5,000/- under that head. So, she is entitled to an additional compensation of Rs.1300/- under that head. The Tribunal has awarded her only Rs.2,000/- towards loss of amenities and enjoyment in life. For a lady aged 62 years, who is a coolie by profession and who had visible deformity at the right wrist, there will be difficulty in doing the work as well as attending to the work of a house wife in the day-to-day activities. I enhance the compensation by Rs.3,000/- under that head. The Tribunal has awarded Rs.8,000/- towards pain and suffering, which I do not want to disturb. Therefore the claimant will be entitled to an additional compensation of Rs.4,300/-. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.4,300/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a MACA 1641/2004 -:3:- copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-