IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 MACA.No. 1971 of 2007() ----------------------- OPMV.810/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/PETITIONER: ------------------------------------- NABEESA, 55 YEARS, W/O. DAVEED, PANNAPARAMBU HOUSE, NOW RESIDING AT THRITHALA. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. MURUKAN, S/O. KARIKANDAN, N.K.PALAYAM HOUSE, E.N.PURAM P.O., PALAKKAD 5. 2. A.SAJI,S/O.V.S.ANANTHANARAYANAN, 3/180,"SREERAG', L.N.PURAM, PALAKKAD. 3. NATIONAL INSURANCE CO.LTD., EAST FORT COMPLEX, FORT MAIDAN, PALAKKAD 678 013. P.NO. 570705/31/03/6309136. VALID FROM 8.10.2003 TO 7.10.2004. BY ADV. SRI.E.M.JOSEPH - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/08/200 8, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.1971 OF 2007 ===================== Dated this the 7th day of August 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottapalam in O.P.(MV)No.810 of 2004. The claimant, a 55 year old lady, coolie by profession, sustained injuries in a road accident and she was treated in the hospital as an inpatient and the Tribunal has awarded her a compensation of Rs.38,940/-. It is against that decision the present appeal is preferred. 2. Heard the counsel on both sides. It can be seen that immediately after the accident, she was admitted in Aswini Hospital, Thrissur and was treated as an inpatient from 2.5.2004 to 9-5-2004. Subsequently she was treated in the Jubilee Mission Hospital, Thrissur from 14.6.2004 to 18.6.2004. The treatment documents would reveal that she had sustained a fracture of the pelvis and C.T. Scan would reveal that there was left frontal lobe haematoma and cerebral edema. She had expended a sum of Rs.17,070/- for treatment expenses alone. A disability certificate was produced claiming 20% disability. The Tribunal only granted her 5% MACA1971/2007 -:2:- disability. The Doctor was also examined. According to the Doctor, there is difficulty in opening the left eye upper limb function and difficulty to squat due to pain in the left side. Though 20% disability is on the higher side, it can be safely fixed at 8%. Therefore, she is entitled to an additional compensation for 3%, applying a multiplier of 8, the additional compensation would come to Rs.4,032/-, which I round as Rs.4,000/-. Certainly the injuries would have caused her loss of amenities and enjoyment in life and therefore I grant her Rs.5,000/- under that head. The Tribunal has not granted any amount under the head loss of earning. On account of the injury sustained, she would not have been in a position to do any work for a period of 3 months. Therefore I grant her Rs.4,200/- for loss of earning for 3 months. Therefore the claimant will be entitled to an additional compensation of Rs.13,200/-. Therefore the claimant is entitled to an additional compensation of Rs.13,200/- with 6% 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 copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/- MACA1971/2007 -:3:-