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. 731 of 2009(A) ---------------------- OPMV.1983/2002 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(CLAIMANT): ----------------------------- SHOBITHA, AGED 29, D/O.LATE SUSHEER, RATHNAGIRI ESTATE, CHOONDAYIL P.O., VAYANAD, NOW RESIDING AT 1 C-2, STAR RETREET, INDIRA SMARAKA ROAD, VYTTILA, ERNAKULAM. BY ADV. SRI.S.RAJKUMAR RESPONDENT(S)/RESPONDENTS: --------------------------------------- 1. MRS.CHELLAMMA, W/O.GOPALAN, THUNDIPARAMBIL HOUSE, SUB JAIL ROAD, ALUVA. 2. SIVAN, S/O.SANKARAN, KAKKADUMPILLY VEETTIL, NEAR MALEPPALLY JN., EDATHALAKARA, ALUVA. 3. THE NATIONAL INSURANCE CO. LTD., P.B.NO.108, KADEVATH SHOPPING COMPLEX, SUB JAIL ROAD, ALUVA. ADV. SMT.SARAH SALVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 731 OF 2009 = = = = = = = = = = = = = = = Dated this the 20th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)1983/02. The claimant, a young girl, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.22,728/- with 8% interest. 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. A perusal of the award would reveal that a young lady had sustained swelling over the right eye-brow, tenderness over the right clavicle and that neck movements were painful. Further radiological and scan reports revealed that there was strengthening of the bones and narrowing of the nerve roof canals of C5 and C6 and C6 and C7 levels. Ultimately it was diagnosed as a case of cervical spondylosis. On account of this she had visited large number of hospitals and had been administered with anti- M.A.C.A. 731 OF 2009 -:2:- inflammatory drugs. She had undergone physiotherapy as well. No medical evidence is adduced in this case. Under ordinary circumstances straightening of bones and narrowing of the nerves and cervical spondylosis are not inter related to an injury in the accident especially in the back drop that these defects were found on the date of accident itself. It is unfortunate that a young girl aged 21 years had sustained this cervical spondylosis and as on years to come it will add agony of her misery. Whatever it may be, even if it is taken as a pre-accident development certainly the impact of the accident would have accelerated her difficulties and that is why even immediately after the accident she had complained of neck pain. She had also visited hospitals right from Ernakulam to Kozhikode again to Ernakulam and the treatment continued for some years. In the absence of any tangible, acceptable evidence to connect the injury with the accident I may not be able to award a sizable amount in this case. But the fact remains that the young lady had undergone pain and sufferings and the trauma for a M.A.C.A. 731 OF 2009 -:3:- considerable length of time and certainly at this age would have affected her amenities and enjoyment in life. Therefore I am inclined to award a sum of Rs.5,000/- more towards pain and sufferings and another Rs.5,000/- towards loss of amenities and enjoyment in life thereby enhancing the compensation by Rs.10,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- with 8% 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/-