IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 MACA.No. 1810 of 2010() ------------------------------ OPMV.1787/2002 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER --------------------------------- EYATHUMMA, AGED 28 YEARS, W/O. NAJEEB, NEDUMKULANGARAMALA HOUSE, KAKKANADU, ATHANY, KUSUMAGIRI P.O. BY ADV. SRI.V.S.CHANDRASEKHARAN RESPONDENT(S): RESPONDENTS -------------------------------------- 1. THE MANAGING DIRECTOR, K.S.R.T.C., THIRUVANANTHAPURAM, PIN-695 001. 2. JOSEPH T.P., AGED 39 YEARS, S/O. PATHROSE, THEKKATHOTTATHIL HOUSE, RAMAMANGALAM VILLAGE, MUVATTUPUZHA, PIN-686 663. 3. NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, P.B.NO.434, ST.JOSEPH'S PRESS BUILDING, VAZHUTHAKKADU, THIRUVANANTHAPURAM, PIN-695 001. 4. THE ORIENTAL INSURANCE CO. LTD., ANNAPOORNNI MANDIR, CULLEN ROAD, MULLACKAL, ALLEPPEY-11, PIN-688 011. R1 BY ADV.SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC R2 BY ADVS. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.SOBHAN GEORGE R3 BY ADV. SRI.E.M. JOPSEH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1810 OF 2010 ............................................. Dated this the 13th day of December, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Ernakulam in OP(MV)No.1787/2002. The claimant a house wife, aged 28 years sustained injuries in a road accident. She had sustained fracture of the nasal bone. She was treated as an inpatient in a hospital for one day and she had continued treatment thereafter. It was a hit from behind and the Tribunal rightly found out that driver of the KSRTC bus is liable for the accident. Considering the nature of injuries, I feel that following enhancement has to be awarded. 2. Nasal bone fracture is a fracture that can cause problems and therefore that has to be taken into consideration while fixing the compensation. Though she is a house wife, it has to be stated that she would have required the assistance of somebody to carry out the work in the house. So fix at Rs.2,000/=, I award an amount of Rs.2,750/= as additional compensation under the head of : 2 : M.A.C.A.NO.1810 OF 2010 loss of earnings. Similarly for pain and sufferings I increase the compensation by Rs.3,000/= and for loss of amenities and enjoyment by another Rs.2,000/= making an additional compensation of Rs.7,750/=. 3. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,750/= with 8% interest on the said sum from the date of petition till realisation and the respondent National 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.1810 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