IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 MACA.No. 464 of 2003() ---------------------- OPMV.1718/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT:APPLICANT ------------------------------------ RADHAMANI, AGED 35 YEARS, W/O. VIJAYAN, PULIKKOTTIL HOUSE, VETTILAPPARA,AREACODE, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: RESPONDENTS ------------------------ 1. MEKKALANPATTA MOHANAN S/O. AYYAPPAN, VILLAKUPARAMBU, VETTILAPPARA, AREACODE, MALAPPURAM DISTRICT. 2. SABU THOMAS, S/O. THOMAS, CHAKKITTAMURIYIL HOUSE, ANAKKAMPOYIL, THIRUVAMPADI, CALICUT. 3. M/S. UNITED INDIA INSURANCE COMPANY LTD. BRANCH OFFICE, THAMARASSERI. BY ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 464 OF 2003 -------------------------------------------- Dated this the 8th day of July, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and standing counsel appearing for the insurance company. Appellant sustained injuries in a Jeep accident. Even though enhancement is sought for under every head of compensation awarded, we do not think any interference is called for in regard to fixation of income for the purpose of award of compensation for loss of earnings. However, it is on record that appellant underwent protracted surgery for the fracture she suffered in her left arm and her hospitalisation in two hospitals including Medical College Hospital at Calicut on three occasions. It is on record that the accident took place on 31.1.1998, and appellant was admitted on and off in the hospitals and she was finally discharged on 7.8.1998. Her claim that she had to rest for longer periods to start working is prima facie genuine. Therefore as against six months' loss of wages given by the Tribunal, 2 we increase it to nine months. This will lead to additional compensation of Rs. 4500/- on this account. Further, it is seen that for medical treatment the Tribunal has awarded only Rs. 10,000/-. We increase this to Rs. 20,000/-. In addition to this , we award an additional compensation of Rs. 5,000/- towards pain and sufferings. This is over and above what is granted by the Tribunal. Another Rs. 5000/- is granted towards extra nurishment and further amount of Rs. 500/- towards transportation charges for the various trips to hospital. Additional compensation of Rs. 25,000/- granted by us will carry interest at the rate of 7.5 per cent per annum from the date of application till date of deposit. Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3