IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 MACA.No. 1863 of 2005() ----------------------------------- OPMV.810/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER ---------------------------------- VALSA, D/O.JOSE, CHAKKALAMUTTAM HOUSE, P.O.OLLUR, THRISSUR DISTRICT. BY ADV. MR.M.V. THAMBAN, MR.V.CHITAMBARESH MR.SREEKANTH.K.R RESPONDENTS/RESPONDENTS --------------------------------------------- 1. P.D. VINCENT, S/O.DEVASSYKUTTY, PUDUKADAN HOUSE, KUTTOOR, THRISSUR DISTRICT. 2. NATHAN, PEEDEE TRAVELS, IRINJALAKUDA, THRISSUR DISTRICT. 3. THE NATIONAL INSURANCE CO LTD., BRANCH IRINJALAKUDA, THISSUR DISTRICT. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.1863 OF 2005 ............................................. Dated this the 15th day of September, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in O.P.(MV)No.810/1998. The claimant is a lady claiming to be a tailor sustained injuries in a road accident as a result of which she had sustained fracture of both bones of the forearm. She was admitted in the hospital on 23.9.1999 and discharged on 28.9.1999. The doctor had issued a disability certitifate which would show that there is difficulty in her day to day life and also loss of pronation and pain at fracture side of ulna and loss of grip strenth. But the Tribunal has properly considered the matter and fixed the disability at 7% took her income at Rs.1,500/= in 1998 and had calculated the compensation. Therefore, the disability compensation does not call for any interference. But the Tribunal has awarded only Rs.7,000/= towards pain and sufferings and Rs.2,000/= towards loss of amenities and enjoyment in life. A house wife also a tailor by profession had sustained fracture of both bones of her : 2 : M.A.C.A.NO.1863 OF 2005 hand. Even if she is a house wife, this will cause considerable pain and that would affect her day to day activities of life. Therefore, towards pain and sufferings, I award a further sum of Rs.3,000/= and a further sum of Rs.2,000/= is awarded towards loss of amenities and enjoyment in life making an additional compensation of Rs.5,000/=. 2. In the result, the appeal is partly allowed. The claimant is awarded an additional compensation of Rs.5,000/= with 7.5% interest on the said sum from the date of the petition till the realisation and the 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. Since the mater is of the year 1998, the Tribunal is directed to disburse the amount to the claimant. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 3 : M.A.C.A.NO.1863 OF 2005 : 4 : M.A.C.A.NO.1863 OF 2005