IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MACA.No. 441 of 2008() ---------------------- OPMV.289/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/ PETITIONER ----------------------- MINI SIBI,NADUTHOTTIYIL (H) PANDIPPARA P.O.,IDUKKI. BY ADV. SRI.S.PRASANTH RESPONDENTS/RESPONDENTS -------------------------- 1. RENJITH JOSE,ELAMPAKODATHU (H) NELLITHANATHUMALA, KURICHITHANAM, MARANGATTUPILLY 2. THE DIVISIONAL MANAGER ORIENTAL INSURANCE CO.LTD KOTTAYAM. ADV. SRI.P.V.JYOTHI PRASAD FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 441 OF 2008 --------------------- Dated this the 23rd day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Pala, in OP(MV) 289/05. The claimant, a young girl, sustained injuries in a road accident. She had sustained acromio clavicular subluxation left and incised wound on the left eye brow. She was treated in the hospital as inpatient for 16 days. The Tribunal awarded a total compensation of Rs.10,820/-. Dissatisfied with the same, the claimant has come up in appeal. 2. Heard the counsel for both sides. Learned counsel would contend that the Tribunal has not considered the question in the right perspective and it requires interference. This acromio clavicular subluxation means there has been a partial dislocation which of course would be very painful. She had to remain in the hospital for 16 days. Therefore I feel that the compensation for pain and suffering has to be enhanced by Rs.3,000/-. Similarly she is a student who has to travel and the dislocation of the clavicular joint would have certainly affected her in her travel as well as other MACA No. 441/08 2 activities. Therefore, I enhance the compensation for loss of amenities and enjoyment in life by Rs.3,000/-. She was in the hospital for 16 days. So when the bystanders expenses is calculated at the rate of Rs.100/- per day it has to be enhanced by Rs.600/-. Therefore the claimant will be entitled to an additional compensation of Rs.6,600/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,600/- with 7 % interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 441/08 3