IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 MACA.No. 1046 of 2008() ----------------------------------- OPMV.840/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): PETITIONER ----------------------- VALLY PARAMMAL, AGED 54 YEARS D/O.KUNJU, KURUPATHAL, KOLATHOOR PO., MALAPPURAM BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): 3RD RESPONDENT ------------------------- UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, PERINTALMANNA ADV. SRI.S.ARUN RAJ FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1046 OF 2008 = = = = = = = = = = = = = = = Dated this the 22nd day of January, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)840/03. The claimant sustained injuries in a road accident and she has been awarded a total compensation of Rs.20,158/- and the Tribunal has directed the 3rd respondent in the claim petition to pay the amount. It is against that decision the appeal is preferred. 2. Heard the counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the claimant had sustained a lacerated wound on the left thigh of 5 x 2 x 3 c.m. and he had a fracture on ribs 6, 7 and 8. He was hospitalised for a period of seven days. On a perusal of the award I feel the compensation requires reconsideration and enhancement on the head of pain and sufferings as well as compensation has to be awarded for loss of amenities. She was aged 49 years and she had M.A.C.A. 1046 OF 2008 -:2:- sustained fracture on the three ribs besides a lacerated wound on the thigh. Therefore I enhance the compensation for pain and sufferings by Rs.2,000/-. The 49 year old lady sustained fracture of three ribs. Certainly this would have caused her difficulties in his day-today life and there will be loss of amenities and enjoyment in life as well towards which I grant a sum of Rs.5,000/-. Thus the claimant will be entitled to an additional compensation of Rs.7,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,000/- with 7% 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/-