IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 MACA.No. 2986 of 2008() ----------------------------------- OPMV.702/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT-PETITIONER ------------------------------------ DEVAKY AMMA, THAMARASSERIL VEEDU, VALIYAPADAM, WEST KALLADA, KOLLAM. BY ADV. MR.K.SUBASH CHANDRA BOSE RESPONDENTS/RESPONDENTS --------------------------------------------- 1. PUSHPANGADHAN PILLAI, S/O.RAMACHANDRAN PILLAI, MANIYANKARA PUTHEN VEEDU, MUTHUPILAKKAD WEST, PORUVAZHY, KOLLAM. 2. HARIPRIYA SASIDHARAN, KURIAPPALLIL HOUSE, NETOOR P.O., SBT ZONAL OFFICE, ERNAKULAM. 3. THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE CO.LTD., KOLLAM. R2 BY ADV. MR.C.A. CHACKO R3 BY ADV. MR.M.JACOB MURICKAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.2986 OF 2008 ............................................. Dated this the 7th day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kollam in OP(MV)No.702/2001.The claimant, a lady sustained injuries in a road accident and she has been awarded a compensation of Rs.6,000/=. The insurance company has been exonerated from the liability on the ground that there was no valid insurance coverage on the date of the accident. It is challenging the quantum, the claimant has come up in appeal. 2. Heard the learned counsel for appellant, the insurance company and the second respondent. The learned counsel for the appellant strongly contends before me that the Tribunal has erred in stating that no document is produced to show that she had been treated in the Medical College Hospital, Trivandrum. He had made available before me a treatment certificate issued by the Medical College Hospital, Trivandrum which would indicate that immediately after the accident she was referred to the : 2 : M.A.C.A.NO.2986 OF 2008 Medical College Hospital, Trivandrum and she was treated as an inpatient there from 31.12.2000 to 10.1.2001. The wound certificate also would reveal that she was referred to the Medical College Hospital, Trivandrum. The diagnosis was left Parietal Extra Dural Haemarage injury and Haemarage on the left temporal region and further Haemarage on the frontal anterior pole. The Tribunal has only granted a compensation of Rs.6,000/=. It is true that Exts.A7 to A9 documents may not help the claimant for the reason that all deals with injury on the spine and there is no link to connect that injury with the injury sustained in the accident. But even then one has to state that the Tribunal has only awarded a very inadequate compensation for the injury sustained. Certainly on account of the injury she would have been not in a position to attend duty for two months and even if she is a house wife, she would have required assistance and therefore I enhance that compensation by Rs.1,500/=. The accident had taken place in Kollam district and she had been treated in Trivandrum Medical College Hospital and therefore, I enhance the : 3 : M.A.C.A.NO.2986 OF 2008 transport expenses by Rs.500/=. The medical expenses as stated by me earlier are more towards the treatment in Gunasundari Hospital at Madurai but it is certain that she would have incurred medical expenses. Though it is a Medical College Hospital, she would have been forced to purchase medicines from outside and therefore, I allow Rs.2,000/= towards medical expenses. Towards pain and sufferings, the Tribunal has only awarded very nominal sum of Rs.3,000/= in a case where a person had sustained Haemarage of almost three parts of the head. Therefore, I enhance that compensation by Rs.5,000/=. Certainly on account of the injuries and the treatment she would have loss of amenities and enjoyment in life for a short span of time at least and for that I award a sum of Rs.3,000/=. Thus the claimant will be entitled to an additional compensation of Rs.12,000/=. Since the vehicular policy was not in existence from the date of the accident, respondents 1 and 2 are bound to pay the same. 3. Therefore, the MACA is partly allowed and the claimant is awarded an additional compensation of : 4 : M.A.C.A.NO.2986 OF 2008 Rs.12,000/= from the date of the petition till realisation and respondents 1 and 2 are jointly and severally liable to pay the amount with proportionate costs to the claimant. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 5 : M.A.C.A.NO.2986 OF 2008