IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 MACA.No. 229 of 2005 ---------------------- ( OP(MV).1431/1996 of DISTRICT COURT, KOLLAM ) ........... APPELLANT/CLAIMANT ----------------------- T.REMABAI AMMA, D/O.THANKAMMA AMMA, ANANDAMANGALAM, THAZHAM NORTH, CHATHANOOR, KOLLAM. BY ADV. SMT.A.G.ANEETHA RESPONDENTS/RESPONDENTS: ----------------------------------- 1. MANJUSHA BEEVI, MANJUSHA MANZIL, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM. 2. MOHAMMED RAFEEK, S/O.MOHAMMED SALI, SUBAIDA MANZIL, CHATHANPARA, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM. 3. THE MANAGER, UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, III FLOOR, CWC BUILDING, L.M.S.COMPOUND, P.B.NO.6510 THIRUVANANTHAPURAM. R1 AND R2 BY ADV. SRI.M.A.ABDUL HAKIM. R3 BY SMT.P.A.REZIYA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. ............................................................................. M.A.C.A.No. 229 OF 2005 ......................................................................... Dated this the 22nd October, 2009 J U D G M E N T P.R. Raman, J: Appellant is the claimant in O.P.(MV) No. 1431 of 1996 on the file of the District Judge, Kollam. She sustained severe injuries in a road accident, caused as a result of hit by a car driven by the second respondent . An amount of Rs.2,50,000/- (Rupees two lakhs fifty thousand only) was claimed by way of compensation. The Tribunal awarded only a sum of Rs.17,000/- (Rupees seventeen thousand only) with interest at 9%. Hence this Appeal for further enhancement. 2. Negligence is proved. Insurance Coverage is admitted The only point arise for consideration is as to whether the compensation awarded is adequate. Exts.A6 to A12 are medical records and vouchers showing that the appellant had head injury and she was referred to the Medical College, Thiruvananthapuram for treatment. She also had a fracture of Metatarsal. Ext.A8/discharge summary dated 30.08.1996 shows that on M.A.C.A.No. 229 OF 2005 2 20.08.1996, she had pneumonia with pleural effusion and admitted in the hospital from 30.08.1996 to 03.09.1996. Of course, the Tribunal found that Ext.A8 does not indicate that the case was as a consequence of the accident. However, the nature of the injuries suffered by the appellant, is sufficient enough for us to hold that the compensation under the head 'pain and suffering' is at a lower rate . Over and above the sum of Rs.7500/- awarded by the Tribunal under this head, we award an amount of Rs.5000/- (Rupees five thousand only) more towards 'pain and suffering'. Likewise, as against the claim for Rs.10,723/-- towards the medical expenditure, the Tribunal has awarded only a sum of Rs. 7000/-. No reasons are stated to limit the claim. Hence we award a sum of Rs.3723/- (Rupees three thousand seven hundred and twenty three only) more under this head. No compensation is seen awarded for 'loss of amenities' and 'enjoyment of life'. It has been proved that she was working as Postmistress and subsequently she had been on leave for a long period of two years and ultimately she left the service on voluntary retirement. In the said circumstances, we M.A.C.A.No. 229 OF 2005 3 award a sum of Rws.10000/- (Rupees ten thousand only) towards 'loss of amenities and enjoyment of life'. Altogether, we award a total amount of Rs.18723/- ( Rupees eighteen thousand seven hundred and twenty three only) more, in addition to the amount already awarded. This will carry interest at the rate of 7% from the date of the petition till the date of payment. The Insurance Company shall deposit the same within a period of six weeks from today. The Appeal is allowed as above. P.R. RAMAN, JUDGE. P.R. RAMACHANDRA MENON, JUDGE. lk