IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 M.A.C.A.No. 371 of 2006(B) ---------------------- OPMV.347/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT/PETITIONER IN THE OP(MV): ---------------------------------------------------- P. SULOCHANA, AGED 40 YEARS, W/O. SUNDARAN, PAROL KARAYIL HOUSE, P.O. KOLAKKUTHUCHALI, CHELAMBRA AMSOM AND DESOM, TIRURANGADI TALUK. BY ADV. SRI.K.M.JAMALUDHEEN RESPONDENTS/RESPONDENTS IN THE O.P(MV): ---------------------------------------------------------------- 1. THE MANAGING DIRECTOR, M/S. WYANAD TRANSPORTING CO. LTD., SULTHAN BATHERI WYANAD DISTRICT. 2. M.K. RAJAN, S/O. KUMARAN, MUNDIKUNNIL HOUSE, KELERI P.O., WYANAD DISTRICT. 3. THE NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, KALPETTA SHOPPING COMPLEX, KALPETTA P.O., WYANAD DISTRICT. BY ADV. SRI.JOE KALLIATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 371 OF 2006 -------------------------------- Dated this the 12th day of August, 2008 J U D G M E N T This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Tirur in O.P.(M.V)No. 347/03. The claimant, a 37 year old lady working in a Match factory, sustained injuries in a road accident. She had been granted a compensation of Rs. 33,000/-. It is against that the appeal is preferred for enhancement. A perusal of para 7 of the award would reveal that the claimant had been permanently visiting the hospital and Ext. A5 to A7 and A10 to A13 are the outpatient tickets of the Medical College Hospital, Kozhikode. The documents revealed that the petitioner had sustained injury on the spine and the scan revealed that the petitioner had posterior central disc prolapse at C3-C4 and C4-C5 causing menial indentation over the sac. It is true that no disability certificate is produced. It is evident from the documents produced here that she was visiting the hospital very regularly atleast 2 to 3 years. When a lady aged 37 years suffers from a disc M.A.C.A.No. 371/2006 - 2 - prolapse on account of the accident, there is nothing wrong in fixing the disability at 5%. If the income is taken at Rs. 1,500/- and disability is calculated the annual loss would come to Rs. 900/- which when multiplied by a multiplier of 16 would come to Rs. 14,400/-. On all other heads reasonable compensation has been awarded. Therefore the M.A.C.A is partly allowed and the claimant is entitled to get an additional compensation of Rs. 14,400/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the amount within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN, JUDGE vkm