IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 M.A.C.A.No. 1384 of 2008(G) -------------------------------------- OP(MV) NO.3720/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................................. APPELLANT/PETITIONER IN OP (MV):- --------------------------------------------------- SOUMNI, W/O KRISHNANKUTTY NAIR, AGED 40 YEARS, EDAKKANDATHIL HOUSE, VATTOLI BAZAR, BALUSSERY POST, KOZHIKODE. BY ADV. SRI.A.V.M.SALAHUDEEN RESPONDENTS/RESPONDENTS IN OP (MV):- ---------------------------------------------------------------- 1. BALAKRISHNAN NAIR, VANDANA, PARINGOTTUPURAM,KUNNAMANGALAM, POST KOZHIKODE. 2. ABDUL SALAM, W/O YOONUS KUNHU, KARAKKATTU HOUSE, ATHIYODI POST, KOORACHUNDU, KOZHIKODE. 3. THE UNITED INDIA INSURANCE CO.LTD., CITY BRANCH, RAMEEZ ARCADE,CHEROOTY ROAD, KOZHIKODE. ADV. SRI.A.A.MOHAMMED NAZIR - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1384 OF 2008 --------------------------------- Dated this the 4th day of December, 2008 JUDGMENT This appeal is preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No.3720/2002. The claimant, a 40 year old lady, sustained injuries in a road accident and she has been awarded a compensation of Rs. 5,000/-. It is against that decision the claimant has come up in appeal. 2. The learned counsel had made available before me for perusal, the documents which would show that she has sustained lacerated wound 2x1 cm on the right knee and a small fracture of the left middle incisor. C.T. scan as well as X'ray was taken and fortunately there was no serious bone injury in the case. The other documents also would reveal that she has suffered little. She has visited the hospital on so many occasions and she had been administered pain killers which would indicate that there was some suffering for her. It is submitted that she is a tailor by profession. I recalculate the compensation as follows: 3. She would not have been in a position to do any work for M.A.C.A.No. 1384/2008 -2- 15 days and I award an amount of Rs. 1,250/- under that head. Towards medical expenses Rs. 1,100/- is granted. Towards extra nourishment, transport and damage to clothing I award an amount of Rs. 800/-. Towards pain and suffering a sum of Rs. 3,000/- is awarded and towards loss of amenities and enjoyment in life and for the fracture of the teeth another Rs. 2000/- is awarded, making a total compensation of Rs. 8,150/- out of which Rs. 5000/- is already awarded by the tribunal. In the result, the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 3,150/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm