IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 MACA.No. 314 of 2008(G) ---------------------- OPMV.1609/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S)/ PETITIONER IN OP(MV) ---------------------------------- MARGERAT. I. MAMPILLY, W/O.V.J.GEORGE AGED 48 YEARS, E.F. 4/4421 BILATHIKULAM HOUSING COLONY, ERANHIPALAM KOZHIKODE. BY ADVS. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S)/ RESPONDENTS IN OP(MV) ------------------------------------ 1. P.RAJEEVAN, S/O.SREENIVASAN AGE NOT KNOWN, RESIDING AT PUNATHIL HOUSE KOTTOOLI, KOZHIKODE POST. 2. THE ORIENTAL INSURANCE CO.LTD. BRANCH OFFICE, MAVOOR ROAD JUNCTION KOZHIKODE. 3. K. ALIKOYA, S/O.MOIDEEN MOORKKANATT HOUSE, PUTHIYANGADI, KOZHIKODE. 4. THE NEW INDIA ASSURANCE CO. LTD. BRANCH OFFICE, TRIPURI BUILDING EAST NADAKKAVU, KOZHIKODE. ADVS. SRI.T.G.RAJENDRAN FOR R1 SRI.JACOB ABRAHAM FOR R3 SMT.KOCHUMOL KODUVATH FOR R3 SRI.M.RAJAGOPALAN FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 314 OF 2008 --------------------------------- Dated this the 28th day of October, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Kozhikode in O.P(MV) 1609/1998. The claimant, a 48 year old lady, sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs. 10,000/-. It is against that decision the claimant has come up in appeal for enhancement. 2. A reading of the award would show some confusion. Therefore I request the learned counsel for the appellant to submit the documents so as to appreciate this case. I have heard the learned counsel for the Insurance Company also. A perusal of the award would show that the claimant has taken to the hospital on 18.6.1998 immediately after the accident. It is seen that what is noted there is abrasion on the middle aspect of the left knee. Then the next document is the discharge summary issued by the Baby Memorial Hospital, Kozhikode. It would reveal that the claimant had a fall from an Autorickshaw on 18.6.1998 and she had undergone treatment in the Medical College Hospital, Kozhikode as M.A.C.A.No. 314 OF 2008 -2- out patient and thereafter she continued out patient treatment in the Baby Memorial Hospital for multiple abrasions on left knee with haematoma. But later he was admitted in the hospital on 10.7.1998 and a surgery was done to drain the liquid formation and was discharged on 14.7.1998. Again she was seen on 17.7.98 and 20.7.98. Documents are also produced to show her treatment as out patient on 19.6.98, 22.6.98, 24,6,98, 4.7.98 and 6.7.98. So a consolidated reading of all these documents would reveal that after the sustainment of the injury on 18.6.98 she had undergone out patient treatment in the Medical College hospital on 18.6.98 and thereafter in the Baby Memorial Hospital from 19.6.98 to 10.7.98 and later as inpatient in the hospital on 10.7.98 to 14.7.98 and also attended further treatments. The medical bill produced would show that she had paid Rs. 6,239/- and the Tribunal after deducting Rs. 500/- as medical legal expenses granted only Rs. 5,000/- which should have been Rs. 5,739/-. I would round it as Rs. 6,000/- for the purpose of calculating compensation. Similarly it has to be stated that on account of the haematoma sustained on the knee the lady had been continuously visiting the hospital and it is certified M.A.C.A.No. 314 OF 2008 -3- that she had suffered extensive pain on account of the same. Therefore I award an enhanced amount of Rs. 3,000/- towards pain and suffering. A lady aged 49, on account of a knee injury which resulted in haematoma had visited the hospital for more than 10 to 15 occasions and certainly being a house wife this would have handicapped her and there would be loss of amenities and enjoyment in her life during that period. I enhance an amount of Rs. 4,000/- under that head. Therefore the claimant is entitled to get an additional compensation of Rs. 8,000/-. In the result, M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 8,000/- with 6% interest on the said sum from date of petition till realisation. The respondent Insurance Company is directed to deposit the same with a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN, JUDGE vkm