IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 MACA.No. 2881 of 2009() ---------------------------------- OPMV.806/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT(S): PETITIONER ----------------------------------------- JANAKY, MADHUVILASOM, MOTHIRAVAYAL, ADICHIPUZHA P.O., RANNY, PERUNADU, PATHANAMTHITTA. BY ADV. SRI.N.N.SASI RESPONDENT(S): RESPONDENT ------------ ---------------------------------- 1. SAJI C.THOMAS, CHITTADETHU HOUSE, KARIKULAM P.O., RANNY. 2. C.M.THOMAS, CHITTADETHU HOUSE, KARIKULAM P.O., RANNY. 3. THE BRANCH MANAGER, ORIENTAL INSURANCE CO.LTD., KOTTAYAM. R3 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE R3 BY ADV.SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2881 OF 2009 = = = = = = = = = = = = = = = Dated this the 12th day of October, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pathanamthitta in O.P.(MV)806/99. The claimant, a 67 year old lady, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.6,100/-. Dissatisfied with the same she has come up in appeal. 2. Heard the learned counsel for both the sides. Along with the appeal a disability certificate issued by the medical board is produced which would show that she has sustained 3% permanent disability. It is issued by a team of five doctors. They had referred to the fracture of the 2nd and 3rd metatarsal bones and found that she has still persisting pain on the right foot and there is difficulty for weight bearing and therefore fixed the disability at 3%. Considering M.A.C.A. 2881 OF 2009 -:2:- the age of the person I am inclined to accept that certificate. The maximum income that can be taken for a 67 year old lady is Rs.1,500/- per month and the multiplier is only 5. Therefore when the disability compensation is worked out it would come to Rs.2,700/-. At this age the poor old lady has suffered a lot and she was treated as in inpatient for seven days and thereafter had continued treatment. I enhance the pain and sufferings compensation by Rs.4,000/-. Similarly a fracture on the metatarsal causes pain at the age 67 and it would result in temporary disability and loss of amenities especially on account of the old age, so I award Rs.3,000/- more. I award an amount of Rs.1,500/- more for loss of earnings or assistance which she required on account of her ailment for a period of one month. Therefore the claimant is entitled to an additional compensation of Rs.11,200/-. I make it clear that interest shall be at the rate of 7.5% since it is granted under M.A.C.A. 2881 OF 2009 -:3:- the present rate. 3. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.11,200/- with 7.5% interest on the said sum from the date of petition till 12th April, 2004 and at the same rate from 24.9.09 till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-