IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 MACA.No. 3239 of 2009 --------------------------------- (O.P(MV).NO.1762/2005 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA) .................... APPELLANTS/PETITIONER IN O.P (MV): --------------------------------------------------------- ROSILY ANTONY, S/O. ANTONY, NEDUMPARAMBIL HOUSE, AVITTATHOOR DESOM, KUDUPPASSERY VILLAGE, AVITTATHOOR P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS. SRI.P.V.BABY, SRI.A.N.SANTHOSH. RESPONDENTS/RESPONDENTS 1 TO 3 IN OP (MV): ------------------------------------------------------------------------- 1. RAJEESH, S/O. VELAYUDHAN, KADALIKKATTIL HOUSE, AVITTATHOOR P.O. 2. THE NEW INDIA ASSURANCE CO.LTD., VELLANIKKARAN BUILDING, MAIN ROAD, IRINJALAKUDA. 3. KESAVAN, S/O. THUPRAN, KOTTILINGAL HOUSE, MANNAMMUKKU P.O., MALAPPURAM DISTRICT. R2 BY ADV. SRI.N.S.MOHAMMED USMAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = M.A.C.A. NO. 3239 OF 2009 = = = = = = = = == = DATED THIS, THE 30TH DAY OF JULY, 2010. J U D G M E N T This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda, in O.P. (M.V.) 1762/2005. The claimant, a 40 year old manual labourer sustained injuries in a road accident and the Tribunal had awarded her a compensation of Rs. 26,000/-. Dissatisfied with the same, the claimant has come up in appeal. 2. Heard. A perusal of the award would reveal that the claimant had sustained a lacerated wound over the scalp on the parietal region and injury on the back of the ear (pinna) and the certificate issued by the Jubilee Mission Hospital would reveal that she was admitted and treated there also for nine days besides her treatment first in the Co-operative Hospital at Irinjalakuda. The diagnosis was as lacerated wound over the left pinna with cartilage lose and fracture of the tempero parietal bone of skull. Considering the nature of the injuries sustained and the period of treatment, it is certain that she would have been deprived of from doing any work for a period of three months and it is only just to fix her income at Rs. 2,500/- per month. When it is calculated, the claimant will be entitled to an additional compensation of Rs.3,500/- towards loss MACA 3239/2009 2 of earning more. Similarly, when a 40 year old lady sustains a very serious fracture on the skull bone coupled with a deep wound on the back of the ear, certainly it would have caused difficulties in her day-today life and there would have been temporary disability for some time besides loss of amenities and enjoyment. Therefore, I award another sum of Rs. 5,000/- on that head, On all other heads, the Tribunal has adequately compensated her. 3. Therefore, the appeal is partly allowed and the claimant is awarded an additional amount of Rs. 8,500/- (Rupees eight thousand and five hundred only) with 7% interest on the said sum from the date of petition till realisation and the respondent Insurance Company is directed to deposit the said amount within a period of sixty days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, (JUDGE) KNC/-