IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 MACA.No. 258 of 2004(C) --------------------------------- OPMV.1388/1995 of ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER : ------------------------------------- INDIRA, W/O.AYYAPPAN, AGED 40 YEARS THEKINGAL HOUSE, KUNAMPILLY, KUMBALAKODE, PAZHAYANNOOR. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS/RESPONDENTS : --------------------------------------------- * 1. VELUPILLAI, S/O.APPAVUPILLAI, AGE NOT KNOWN, AMRITHA NIVAS, NEAR KSRTC, PALAKKAD (OWNER OF KRP 3060 BUS) * 2. MOHANDAS, S/O.KUNCHAPPAN, AGE NOT KNOWN DRIVER, KALLODE HOUSE, NOCHULLI, COYALMANNAM, PALAKKAD. 3. THE ORIENTAL INSURANCE COMPANY LTD., PALAKKAD. * 4. A.ASOKAN, S/O..VELAYUDHAN, AGE NOT KNOWN, KATTIRAM VEEDU, COYALMANNAM, PALAKKAD (OWNER OF KL 10/7913 AUTO) * 5. RAMESH, S/O..VELAYUDHAN, AGE NOW KNOWN, DRIVER OF KATTIRAMKADU, KANNANNUR, COYALMANNAM, PALAKKAD. 6. THE UNITED INDIA INSURANCE COMPANY LIMITED, KUNNAMKULAM. BY ADV. SRI.P.JAYASANKAR - R.6 DR.ELIZABETH VARKEY - R3 * NAMES OF RESPONDENTS 1, 2, 4 AND 5 DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DATED 27.06.2007 IN I.A.1153/2007. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 258 OF 2004 --------------------- Dated this the 14th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Palakkad, in OP(MV) 1388/95. Petitioner in the original petition, a Headmistress aged 37 at the time of the accident, sustained injuries in a road accident. She was treated as inpatient in the District Hospital, Palakkad and was later treated in the Westfort Hospital, Thrissur. She was also pregnant at the time of the accident. 2. Learned counsel would submit that the compensation awarded is inadequate. It can be seen that the amount claimed under the actual loss of earning is only Rs.3,000/-. Materials are available to show that her salary was Rs.3,294/-. She was on leave for 45 days i.e. 1½ months. So the actual loss of earning has to be granted for the period which would come to Rs.4,950/-. The Tribunal has granted Rs.3,000/- So I award an additional sum of Rs.1,950/- under that head. It has to be seen that only a nominal amount of Rs.250/- is granted as damages to clothing of a Headmistress. I feel MACA No.258/04 2 some more amount has to be granted. I enhance the compensation by Rs.500/- more. Lastly, on the question of loss of amenities and enjoyment in life it is very difficult when a person sustains some injury when one is pregnant. It will aggravate the sufferings and inconvenience which she may already have. Therefore, I feel the Tribunal has not taken into account the fracture of the clavicle which can cause restlessness and there will be difficulty for some days. Taking into account that factor, I award Rs.4,000/- under that head. Therefore the claimant is entitled to an additional compensation of Rs.6,450/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,450/- with 7 % interest on the said sum from the date of petition till realisation. Respondents 3 and 6 are directed to deposit the amount in equal halves within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.258/04 3