IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 MFA.No. 248 of 2003(F) ---------------------- OPMV.832/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT: PETITIONER --------------------- SHEELA, AGED 45 YEARS, W/O.BABU GANESH, SINTHURAM, VADAKKUMMURI KARA, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.K.K.CHANDRAN PILLAI RESPONDENTS: RESPONDENTS ------------------------ 1. T.G.MOHAN KUMAR, AGED 37 YEARS, S/O.GOPALA PILLAI, THENGUMTHOTTATHIL, MANAKADU KARA, THODUPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. 2. THE MANAGING DIRECTOR, K.S.R.T.C., THIRUVANANTHAPURAM. BY ADV. SHRI.JOHNSON P.JOHN FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M. F.A.No. 248 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of April, 2008 JUDGMENT Koshy, J. Claimant sustained serious injuries in a motor accident. She was hospitalized as an inpatient for eight days. She suffered the following injuries:- 1. Deep abrasion over the right leg and the ankle 2. Contusion with haematoma over the hand 3. Deep lacerated wound on the forehead and the left side of lip. 2. For pain and suffering and loss of amenities in life the Tribunal granted Rs.7,500/-. Even though she had produced medical bills for Rs.2,571/-, the Tribunal only granted Rs.1,500/- towards medical expenses. Considering the treatment undergone by her, we are of the view that Rs.1,000/- more shall be awarded under the above head. Her salary certificate shows that she was having a monthly salary of Rs.7,654/-. But the Tribunal awarded one month's salary towards loss of income in the absence of any evidence producing the leave taken by the claimant. No MFA 248/03 -2- amount was awarded separately for disability. She has carry on the difficulties due to the accident till her life time. We award Rs.5,000/- more towards disability. 2. Hence, the appellant is entitled to Rs.6,000/- over and above the amount awarded by the Tribunal. The above amount shall be deposited by the 2nd respondent Corporation with 7.5% interest from the date of application till its deposit. The appeal is allowed as above. J.B. Koshy, Judge K. Hema, Judge mn. MFA 248/03 -3- MFA 248/03 -4- J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M. F.A.No. 248 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 3rd day of April, 2008