IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 MACA.No. 1677 of 2006() ----------------------- OPMV.74/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER IN OPMV: ----------------------------------------------------- V.C.ANNAMMA, W/O.NIXON, SURYAPPALLY HOUSE, PERUMPADAPPU, PALLURUTHY PO, KOCHI 6. BY ADV. SRI.VIVEK VARGHESE P.J. RESPONDENTS: RESPONDENTS IN OP(MV): ------------------------------------------------------------------- 1. K.K.BEEVI, W/O.ASHRAF, 20/1235(C), KOCHUPARAMBU, KOCHI - 6. 2. A.J.GRIFAN, S/O.JOSEPH, ANJUTHAIKKAL HOUSE, NEAR SHCOOL, SOUDI, RAMESWARAM VILLAGE, COCHIN - 1. 3. THE ORIENTAL INSURANCE COMPANY LTD., PALLURUTHY, KOCHI - 1. ADV. SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.1677 OF 2006 ===================== Dated this the 18th day of August 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)No.74 of 2000. The claimant a 26 year old lady claiming to be a tailer by profession, sustained injuries on the knee as well as a fracture on the lateral spine of tibia. She was under plaster cast for a period of six weeks. She was treated in the hospital as an inpatient for a period of 7 days. The Tribunal awarded her a compensation of Rs.12,500/-. 2. Heard the learned counsel for the appellant as well as the insurance company. It can be seen that the Tribunal has only awarded Rs.1,500/- towards loss of earning, fixing her income at Rs.1,000/-. The accident had taken place in the year 1999 and it is only just and reasonable to fix the income at Rs.1,500/-. Since her leg was under plaster cast for six weeks and as she is a tailer and a house wife, she would not have been in a position to work at least for a period of 3 months. Therefore, I enhance the compensation for loss of earning by Rs.3,000/-. Similarly, no amount is MACA 1677/2006 -:2:- seen awarded for loss of amenities. Being a fracture of the right tibia with haemarthrosis on the right knee it would have affected her work at least temporarily for some time and she would have suffered loss of amenities and enjoymewnt in life as well. Therefore, under that head I am inclined to grant her Rs.4,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.7,000/-. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.7,000/- 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 copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-