IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 MACA.No. 939 of 2006(A) ---------------------- OPMV.213/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/PETITIONER IN OP(MV): --------------------------------------------- K.B. KHADEEJA MOIDU, W/O. K.P.MOIDU, FACT QUARTERS NO.12B, ELOOR, UDYOGAMANDAL P.O., ERNAKULAM. BY ADV. SRI.VIVEK VARGHESE P.J. RESPONDENT(S): RESPONDENTS IN OP(MV): ------------------------------------- 1. MALLIKA RAJAN P., W/O. RAJAN, `SHREYAS', KANIPPAYYOOR P.O., KUNNAMKULAM, TRICHUR DISTRICT. 2. VISWANATHAN, S/O. SANKARAN NAIR, KAMALA NIVAS, MAMMIYOOR KARA, GURUVAYOOR VILLAGE. 3. THE ORIENTAL INSURANCE COMPANY LTD., REP. BY ITS REGIONAL MANAGER, COCHIN-35. 4. THE UNITED INDIA INSURANCE COMPANY LTD., KALAMASSERY. BY ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON 24/08/2009 DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. NO: 939 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th Day of August, 2009. JUDGMENT K. M. Joseph J. The appellant is the petitioner in a petition filed under Section 166 of the Motor Vehicles Act. Being dissatisfied with the quantum awarded, this appeal is filed. 2. We heard the learned counsel for the appellant and the learned counsel for the respondents. The appellant was 48 years of age, at the time of the accident. The learned counsel for the appellant would contend that no amount was awarded towards loss of earning. Also it is contended that no amount is awarded towards disability. Only an amount of Rs.3,000/- is awarded towards loss of amenity. 3. Learned counsel for the Insurance Company supported the award. He also pointed out that the disability certificate was not M.A.C.A . NO: 939 OF 2006 :2: produced to prove the disability. 4. The injuries suffered by the appellant are stated to be fracture of 1st lumbar vertebra and contusions on the chest, lumbosacral region, and lacerated wound on the right side of forehead. The appellant was in hospital of 6 days. She has claimed for a total compensation of Rs.2,50,000/- and the Tribunal has awarded Rs.21,700/-. 5. Considering the nature of the injuries, the appellant would be entitled for compensation for loss of earning. With regard to the fact that the accident took place in the year 1999 and taking the income of the appellant as Rs.1,500/- per month, the appellant is entitled for a compensation towards loss of earning for three months. 6. The appellant is awarded Rs.3,000/- towards loss of amenity. We award Rs.4,000/- more under this head, considering the nature of the injuries, which includes fracture to 1st lumbar vertebra. 7. It is also noted that towards the claim of disability, there is M.A.C.A . NO: 939 OF 2006 :3: no absolute evidence, in the form of disability certificate, by a medical practitioner or by a Medical Board. In such circumstances, the said claim is rejected. Accordingly this appeal is allowed and the appellant is allowed to realise an amount of Rs.8,500/- more along with interest at the rate of 7.5% from the date of petition till the date of realisation, from the third respondent. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/