IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 MACA.No. 1527 of 2009() ----------------------------------- OPMV.1778/2005 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER ------------------------------------- M.DAKSHAYANI AMMA, AGED 55 YEARS W/O. GOPALKRISHNAN, RESIDING AT PAKIDERICHALIL HOUSE, PAYYADIMETHAL POST, PANTHEERANKAVU, KOZHIKODE. BY ADV. MR.V.S.CHANDRASEKHARAN RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. U. FAIZAL, S/O. MUHAMMED, AGED NOT KNOWN, RESIDING AT ULLATHIL HOUSE 11/404, ARAKINAR POST, BEYPORE, KOZHIKODE. 2. THE NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE,. NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. R2 BY ADV. MR.JOE KALLIATH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1527 OF 2009 ............................................. Dated this the 20th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.1778/2005. The claimant, a 55 year old stamp vendor cum life insurance agent, sustained injuries in a road accident as a result of which she had sustained a fracture of the trochanter. She was treated as an inpatient in a hospital for 6 days and the Tribunal has awarded her a compensation of Rs.22,000/=. Dissatisfied with the same, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. The learned counsel had made available for perusal the treatment records as well as the documents relating to her employment as a stamp vendor and as an insurance agent. A perusal of the discharge card would reveal that she was treated as an inpatient in the hospital from 2.6.2005 to 8.6.2005 and she had sustained a fracture of the trochanter. Trochanter is one of the two : 2 : M.A.C.A.No.1527 OF 2009 bony projections on the proximal end of the femur that serve for the attachment of the muscles. Certainly a lady who had sustained such a fracture and the nature of job includes sitting for a long time and also exertion and canvassing for life insurance certainly would have been affected and therefore I proceed to determine the compensation as follows: 3. Towards medical expenses, I retain the sum of Rs.2,000/=. The incidental expenses, I categorise into four as bystander's expenses for 6 days at Rs.900/=, extra nourishment Rs.500/=, damage to clothing Rs.500/=, transport expenses Rs.500/= and pain and sufferings Rs.10,000/=. Since she had sustained a fracture of the trochanter, she would not have been in position to do the work as stamp vender or as a house wife or as an LIC agent for which I fix the compensation to Rs.7,500/=. Certainly fracture to a lady that too at the age of 55 would have caused her loss of amenities and therefore I fix that amount to Rs.7,000/=. Therefore, she is entitled to a total compensation of Rs.28,900/= which I round as Rs.29,000/= : 3 : M.A.C.A.No.1527 OF 2009 and grant an additional compensation of Rs.7,000/=. The rate of interest now prevalent is granted at the rate of 7.5%. 4. In the result, the MACA is party allowed and the claimant is entitled to an additional compensation of Rs.7,000/= with 7.5% interest from the date of the petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.1527 OF 2009