IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 MACA.No. 639 of 2010() ---------------------------------- OPMV.1115/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANTS/PETITIONERS ----------------------------------------- 1. PAZHANIMALA (DIED). 2. LAKSHMI, AGED 73 YEARS, W/O.PAZHANIMALA (LATE) PANDALAMKUNDIL VEEDU, PAZHAYANNUR. 3. SUNDARI, 47 YEARS, D/O.PAZHANIMALA (LATE) PANDALAMKUNDIL VEEDU, PAZHAYANNUR. 4. RAMANI, 43 YEARS, D/O.PAZHANIMALA (LATE), -DO-. 5. MALATHI, 40 YEARS, D/O.PAZHANIMALA (LATE), -DO-. 6. NALINI, 37 YEARS, D/O.PAZHANIMALA (LATE), -DO-. 7. MOHANDAS, 35 YEARS, S/O.PAZHANIMALA (LATE), -DO-. 8. NARAYANI, 32 YEARS, D/O.PAZHANIMALA (LATE), -DO-. 9. VASUDEVAN, 26 YEARS, S/O.PAZHANIMALA (LATE), -DO-. BY ADV. SRI.SHEJI P.ABRAHAM, SMT.GISA SUSAN THOMAS. MACA.No. 639 of 2010 RESPONDENTS/RESPONDENTS: ------------------------------------------------ 1. SHAHUL HAMEED, AGED 29 YEARS, MAIDAKKAR HOUSE, THACHANADI DESOM, PUDUKKODE VILLAGE, PALAKKAD DISTRICT (DRIVER OF THE MOTOR CYCLE) 2. SIDDIQUE, S/O.ABDULKHADER, A/272, PALAKKAL HOUSE, KANNATHARA P.O., PAZHAYANNUR, (OWNER OF MOTOR CYCLE). 3. UNITED INDIA INSURANCE CO.LTD. VADAKKANCHERRY BRANCH, VADAKKANCHERRY, P.B.NO.100681/31/05/01111, VALID FROM 12/11/2005 TO 11/11/2006. R3 BY ADV. MR.GEORGE CHERIAN (THIRUVALLA). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.639 OF 2010 ............................................. Dated this the 22nd day of December, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Ottapalam in OP(MV)No.1115/2006. The claimant aged 70 years sustained injuries in a road accident that took place on 7.9.2006. He died in 2007 and his legal representatives were impleaded as supplemental P2 to P9 before the Tribunal. A perusal of the award would reveal that this man at this age had suffered a fracture of pelvis which had affected his hip and spine and he was an inpatient in a hospital for a period of 28 days. 2. The Tribunal has given reasonable amount under all heads but considering the factum of age and nature of the injuries, I feel that though he survived only one year, after the accident certainly he would have suffered agonizing pain and terrific loss of amenities on account of the injury sustained. So I feel that this is a fit case where compensation for pain and sufferings can be enhanced by ` 5,000/= and loss of amenities by ` 2,000/=. Thus additional claimants : 2 : M.A.C.A.NO.639 OF 2010 will be entitled to an additional compensation of Rs.7,000/=. 3. In the result, the MACA is partly allowed and the additional claimants are awarded additional compensation of ` 7,000/= with 8% interest on the said sum from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.639 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 11th day of November, 2010. J U D G M E N T