IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 MACA.No. 1441 of 2007() ----------------------- OPMV.574/2004 of PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN THE O.P(MV) ---------------------------------------------------- K.CHIRUTHA, D/O.VELUTHAN, AGED 71 YEARS, KARIKKAMKULAM GANDHI COLONY, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS: RESPONDENTS IN THE OP(MV) -------------------------------------- 1. NOUSHAD, AGED 29 YEARS, S/O.ABOOBACKER, PONNAMPARAMBATH HOUSE, KARAPARAMBA, CALICUT. 2. THE NATIONAL INSURANCE COMPANY LIMITED DIVISIONAL OFFICE, NOOR COMPLEX MAVOOR ROAD, NEAR ARAYIDATHUPALAM, CALICUT. BY ADV. SRI.E.M.JOSEPH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1441 OF 2007 --------------------- Dated this the 29th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Principal Motor Accident Claims Tribunal, Kozhikode, in OP(MV) 574/04. The claimant, a lady aged 76 years, sustained injuries in a road accident and the Tribunal had awarded her a compensation of Rs.5,000/-. Aggrieved by that decision, the claimant has come up in appeal. 2. Learned counsel for the appellant had made available before me the wound certificate as well as a photocopy of the book maintained for treatment. Column 14 of the wound certificate itself would reveal that she had sustained fracture of the lateral condyle tibia undisplaced. The photocopy of the book would confirm the same. It is seen that she had continued that treatment till 12th April, 2003 and it is stated therein that the fracture is united. The Tribunal taking into consideration the materials had awarded a global amount of Rs.5,000/-. I feel the said approach of the Tribunal is erroneous. Therefore, the compensation has to be recalculated. MACA No. 1441/07 2 3. It is seen that she was treated as inpatient in the hospital for a period of 8 days i.e., from 4.1.03 to 12.1.03. Therefore, for medical expenses, bystanders expenses and nutritious food, I award a sum of Rs.1,500/-. For pain and suffering, an amount of Rs.5,000/- is awarded. When a fracture is sustained on the tibia at this age certainly, it would cause temporary disability and loss of amenities and enjoyment in life and as time progresses, she may become dependent on somebody. So atleast an amount of Rs.6,000/- has to be awarded under that head. Therefore, the claimant will be entitled to a compensation of Rs.12,500/- out of which Rs.5,000/- is already granted and thereby entitling the claimant to get an additional compensation of Rs.7,500/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,500/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 1441/07 3