IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 MACA.No. 85 of 2003(P) ---------------------- OPMV.872/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- THANKAMANI W/O MANI, MUTTIYANIKAL HOUSE, 70 ACRE BHAGOM, VANNAPPURAM VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.T.V.GEORGE RESPONDENT(S): RESPONDENTS -------------------------- 1. MATHAI KURUVILA S/O. KURUVILA, KALOOR VEEDU, KONNATHADI P.O., ERUMALAKAPPU, IDUKKI DISTRICT. 2. KABEER, S/O. IBRAHIM, MANNAMTHERIL HOUSE, VANNAPPURAM KARA, VANAPPURAM P.O., THODUPUZHA TALUK. 3. THE NATIONAL INSURANCE COMPANY LTD., REP.BY ITS BRANCH MANAGER, THODUPUZHA. 4. DEVASSIA C.M., CHIRAPPURATH HOUSE, CHEENKAL CITY BHAGOM, VANNAPPURAM KARA VANNAPURAM VILLAGE, THODUPUZHA TALUK. 5. JOY, CHIRAPPURATH HOUSE, CHEENAKKAL CITY BHAGOM, VANNAPPURAM KARA, VANNAPPURAM P.O., THODUPUZHA TALUK. 6. V.S.DIVAKARAN, S/O. SANKU, VAKKAMATTATHIL HOUSE, ADIMALI. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON 02/02/2009 DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 85 OF 2003 --------------------------------- Dated this the 2nd day of February, 2009 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Thodupuzha in O.P.(MV) No.872/2006. The claimant sustained injuries in a road accident and she has been awarded a compensation of Rs.2,500/-. She has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the Insurance Company. The learned counsel had made available before me for perusal a copy of the wound certificate and other documents relating to the injuries sustained in the accident. The wound certificate would reveal that the claimant was admitted in the hospital on 14.10.93 and discharged on 23.10.93 with multiple injuries. There was a contention that she had sustained fracture of tibia. But unfortunately the case sheet was not produced. The doctor was examined and he was not in a position to say on what basis he issued the certificate. But the fact remains, the claimant had sustained multiple injuries and had been in the hospital for at least 10 days. Taking into consideration these factors, I am inclined M.A.C.A. 85/2003 -2- to give a total compensation of Rs.6,000/- out of which Rs. 2,500/- is already awarded. Therefore the claimant is entitled to an additional compensation of Rs. 3,500/-. In the result, the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 3,500/- with 9% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm