IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 MACA.No. 1663 of 2007() ---------------------------------- OPMV.1484/2002 OF PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN O.P.(MV): ------------------------------------------------------ SULOCHANA, AGED 40 YEARS, W/O.BABU, KIZHAKKETHACHANGOTTU HOUSE,NEAR LEELA THEATRE, P.O.MARIKUNNU, CALICUT. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/RESPONDENTS IN O.P.(MV): ---------------------------------------------------------------- 1. SANJITH PERATHARA, 38/1318,OPP.AIR STATION, EDAKKAD, P.O. WEST HILL, CALICUT. 2. T.P.SALEEM, AGED 37 YERS, S/O.ABDUL WAHAB, FATHIMAPURAM., NEAR S.V.COLONY, KOZHIKODE. 3. THE NEW INDIA ASSURANCE COMPNAY LIMITED, TRIPURI BUILDING,EAST NADAKKAVU.CALICUT. ADV. SMT.A.SREEKALA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1663 OF 2007 = = = = = = = = = = = = = = = Dated this the 11th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1484/02. The claimant, a 35 year old lady sustained injuries in a road accident. She had a fracture on the forearm and also haematoma over the forehead. She was initially treated in a private hospital and thereafter continued treatment in the Medical College Hospital. The Tribunal has also accepted the case of fracture. The Tribunal did not consider Ext.C1 disability certificate issued by the Medical Board nor it had considered properly the income of the person to award the actual loss of earnings. No discussion is made at all regarding the acceptability or non-acceptability of the disability certificate. The Medical Board has certified that the lady was having a mal-united fracture on the right ulna and she was working as a sweeper in a private hospital. Taking into consideration the mal-union of the fracture her capacity M.A.C.A. 1663 OF 2007 -:2:- to work as a sweeper as well as house wife would be difficult at least to a minimal extend. I fix her income at Rs.1,500/- being an accident of the year 2002, take the disability at 3% and work out the compensation. When it is worked out for one year it will be Rs.540/- which when multiplied by 16 would be Rs.8,640/-. Towards actual loss of earnings she is entitled to Rs.3,000/- whereas Rs.1,000/- is granted. So an additional amount of Rs.2,000/- is to be granted. For loss of amenities and enjoyment in life I enhance the compensation by Rs.1,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.11,640/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.11,640/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-