IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 MACA.No. 1108 of 2005(D) ----------------------- OPMV.111/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): /PETITIONER ---------------------------------- SEENA BABY, W/O.BABY, THOTTUNGAL HOUSE, KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.SREEKANTH.K.R RESPONDENT(S)/RESPONDENT: ------------------------------------ 1. SADANANDAN A.K., ALAPPATTUKUNNEL HOUSE, KALATHUMKADAM, TALAPALAM. 2. BOBY JOSEPH, S/O.JOSEPH, THOTTUNKAL HOUSE, NERIAMANGALAM, KOTHAMANGALAM. 3. THE UNITED INDIA INSURANCE CO LTD., BRANCH OFFICE, USHUS BUILDINGS, MAIN ROAD, P.B.NO.26, PUNALUR-691 305. ADV. SRI.S.MAMMU FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1108 OF 2005 = = = = = = = = = = = = = = = Dated this the 19th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)111/01. The claimant sustained injuries in a road accident. It is seen from paragraph 16 of the award that she had a posterior dislocation left hip besides lacerated wound on the chin and left hand. She was treated as an inpatient from 3.11.00 to 10.11.00 and the disability was assessed at 5%. The Tribunal took her income at Rs.1,500/- and on all heads together awarded a total compensation of Rs.40,000/-. The learned counsel would contend that on account of the dislocation of the hip she was forced to take bed rest and it is also clear from the award itself that she required the assistance of somebody for two months minimum. So I enhance pain and sufferings compensation by Rs.3,000/-. Similarly, for a young lady when she sustains such a dislocation of the hip it would have caused loss of amenities and enjoyment in life M.A.C.A. 1108 OF 2005 -:2:- besides her working capacity. Since it is an injury on the spine it may prolong and therefore I feel at least an amount of Rs.5,000/- has to be awarded for loss of amenities out of which Rs.2,700/- is already awarded. So there will be an enhancement of Rs.2,300/- under that head. On all other heads the compensation awarded is reasonable. Therefore the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,300/- with 6% interest on the said sum from the date of petition 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/-