IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 MACA.No. 447 of 2010(B) ---------------------- OPMV.62/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S)/PETITIONER.: ----------------------------------- ANNAMMA,W/O.VARKEY, THENGANAMMOLATH VEEDU, MUKKAMKUNNU,THRIKALPETTA POST, THRIKALPETTA, WAYANAD. BY ADV. SMT.CELINE JOSEPH RESPONDENT(S)/RESPONDENT NO.3: ---------------------------------------------- THE DIVISIONAL MANAGER. NATIONAL INSURANCE CO-LTD., PARCO TOWERS, P.M.TAJ ROAD, CALICUT. ADV. SRI.E.M.JOSEPH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 447 OF 2010 = = = = = = = = = = = = = = = Dated this the 17th day of January, 2011. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV)62/04. The claimant, a 60 year old lady, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.18,640/- with 6% interest less the amount paid under S.140 of the M.V.Act. The award amount represents a medical expense of Rs.11,700/-. It is against that decision 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 wound certificate would itself clearly demonstrate that the claimant had sustained a fracture on the right shoulder, a M.A.C.A. 447 OF 2010 -:2:- fracture on the pubic ramus and she has got a lacerated wound of 15 x 3 c.m. on the forearm. She was treated as an inpatient for 12 days from 5.1.04 to 17.1.04. I feel the Tribunal has been unreasonable in granting amounts on certain heads which requires interference by this Court. When there is a lacerated wound of 15 x 3 c.m. coupled with the fracture on the shoulder as well as on the pubic ramus, a lady would not be able to do even the household work for a minimum period of two months. So taking into consideration that aspect I am inclined to enhance the loss of earning by Rs.3,300/-. She had been in the hospital for 12 days and towards bystanders expenses I increase the amount by Rs.1,200/-. Only a sum of Rs.5,000/- is seen awarded for pain and sufferings which is absolutely inadequate. Considering the nature of M.A.C.A. 447 OF 2010 -:3:- injuries and the treatment she had undergone I enhance it by another Rs.5,000/-. It is true that no disability certificate produced but from the nature of injuries it is certain that it would have caused her at least loss of amenities and enjoyment in life for which I grant Rs.3,000/- thereby entitling the claimant to an additional compensation of Rs.12,500/-. Interest for the award amount should be 7.5% and not 6%. 3. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.12,500/- with 7.5% 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.A.C.A. 447 OF 2010 -:4:- It is also made clear that for the amount already awarded as well the insurance company is liable to pay interest at the rate of 7.5%. The insurance company is directed to deposit that amount less the amount already paid if any u/s 140 of the M.V.Act. M.N. KRISHNAN, JUDGE. ul/-