IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 MACA.No. 1696 of 2006() ----------------------- OPMV.301/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- LEELAMMA, W/O. RAMAKRISHNAN, AGED 48 YEARS, KOCHUPARAMBIL HOUSE, DESIA VAYANASALA BHAGOM, 20 ACRE KARA, BISONVALLEY VILLAGE. BY ADV. SRI.C.K.VIDYASAGAR SRI.T.I.ABDUL SALAM RESPONDENT(S): --------------- *1. RAGHAVAN, VELIKUZHIYIL HOUSE, HOUSE NO.161/III, VELLATHOOVAL, IDUKKI. 2. V.R. SHAJI, VELIKUZHIYIL, 20 ACRE KARA, BISONVALLEY VILLAGE. 3. THE ORIENTAL INSURANCE CO.LTD., ALUVA. *R1 IS DELETED FROM THE PARTY ARRAY AS PER THE ORDER DATED 18.11.2009 IN CMP.NO.1801/06. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1696 OF 2006 ............................................. Dated this the 18th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Thodupuzha in OP(MV)No.301/2003. The claimant, a lady, sustained injuries in a road accident and the Tribunal has awarded her a compensation of Rs.29,700/=. Dissatisfied with the same, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award in Para-19 would reveal that she had complained of pain on the forehead and hip and there was tenderness over the nose, left eye was swollen and there was tenderness in the pelvis as well. On clinical and radiological examinations it was found that she had sustained a fracture of the nasal bone with fracture of the pelvis. It is also seen that L5 belt was given for her back ache. These are all on account of the injury sustained in the accident. She was treated as an inpatient in a hospital from 13.3.2003 till 7.4.2003, that is : 2 : M.A.C.A.No.1696 OF 2006 about 25 days. 3. I feel the following enhancement is necessary in this case. The Tribunal has fixed her income at Rs.2,000/=. When a person sustains fracture of the pelvis with back pain and she was treated in a hospital for 25 days, necessarily she would have been deprived from doing any work at least for 4 months as an agriculturist and even as a house wife. Therefore, I award an additional amount of Rs.3,000/= under that head towards loss of earnings. She was in the hospital for 25 days and therefore, towards bystander's expenses, another Rs.1,000/= has to be awarded. When a lady sustains pelvic fracture with back ache, certainly it would have caused a lot of difficulties for her besides affecting her work as a house wife and further as an agriculturist. It would have resulted in temporary disability and loss of amenities in her life. Therefore, I enhance that by Rs.4,000/= thereby the claimant is awarded an additional compensation of Rs.8,000/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/= : 3 : M.A.C.A.No.1696 OF 2006 with 6% interest on the said sum from the date of the petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl