IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 MACA.No. 188 of 2006() ---------------------- OPMV.1267/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: ----------------------------------- NASEERA, W/O. KOTTA MOHAMMED, KARIMBACHALIL HOUSE, KUZHIMANNA P.O., MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT/3RD RESPONDENT: -------------------------------------------- UNITED INDIA INSURANCE CO.LTD., CALICUT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ------------------------------ M.A.C.A.NO. 188 OF 2006 ---------------------------------------- Dated this the 7th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Manjeri in O.P.(MV) No. 1267/1999. The claimant, a 21 year old house wife and coolie, sustained injuries in a road accident. She has been awarded a compensation of Rs. 8,500/- on a global basis by the Tribunal and it is against that decision the claimant has come up in appeal. Though notice served on the Insurance Company no body has entered appearance. 2. Perused the records. A perusal of the treatment records would reveal that she was treated as inpatient in the District Hospital, Manjeri from 20.10.1998 to 3.11.1998. She had a fracture of the both sides of the pubic rami. She was advised to have rest and discharged. Pubis is one pair of pubic bones which connects so many other internal portions with the system. This young lady at the age of 21 had sustained that fracture which really had caused her difficulties. Therefore I proceed to recalculate the compensation as follows. She was inpatient in the hospital for 15 days and therefore she would not have in a position to do any work for a period of two months. Both as house wife and Coolie I award an amount of Rs. 2,500/- towards loss of earning. She has M.A.C.A.No. 188/2006 -2- undergone treatment as inpatient for 15 days and therefore towards medical expenses I award an amount of Rs. 1,000/-. Certainly during the period of hospitalisation and thereafter she would have need the help of somebody and should have taken nutritious food for which I grant an amount of Rs. 1,500/-. The fracture of the pubic rami that too on both sides would have caused pain for which I award an amount of Rs. 7,000/- for pain and suffering. Certainly a young lady who had sustained such a fracture would have suffered temporary disability and loss of amenities and enjoyment in life for some length of time, I award an amount of Rs. 7,000/- under that head. Therefore a total compensation of Rs. 19,000/- out of which Rs. 8,500/- has been awarded by the Tribunal. Therefore the claimant is entitled to get an additional compensation of Rs. 10,500/-. In the result , the M.A.C.A is partly allowed and the claimant is entitled to get an additional compensation of Rs. 10,500/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within 60 days from the date of receipt of the judgment. M.N. KRISHNAN, JUDGE vkm