IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 MACA.No. 326 of 2003() ---------------------- OPMV.139/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: ------------------------------------- PATHUMMA, W/O.VALAPPAN MAMMADEESA, AGED 59 YEARS, MUNDUMPARAMBA HOUSE, P.O.PULIYAKKODE, KUZHIMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.T.K.AJITH KUMAR RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. V.SULAIKA, D/O.PATHUTTY, VENNANATH HOUSE, NADAPURAM, CALICUT (OWNER) KL.11/D.2716 JEEP) 2. P.ABDUL AZEEZ, S/O.HAMZA, PULICHONI HOUSE, ERANHI MANGAD, NILAMBUR (DRIVER). 3. UNITED INDIA INSURANCE CO., CALICUT. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 326 OF 2003 = = = = = = = = = = = = = = = Dated this the 26th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)139/98 whereby the Tribunal has awarded a global amount of Rs.15,000/-. It is against that decision, the claimant has came up in appeal. The claimant was aged 54 years and a coolie by profession. She had sustained fracture of the metatarsal and also a comminuted fracture of the shaft of the femur besides she had lacerated wounds on the leg, on the abdomen, cheek and the maxilla was exposed. She was treated in the Medical College Hospital, Kozhikode for a period of 59 days as an inpatient. The Tribunal awarded her only Rs.15,000/-. It appears to be grossly inadequate and it requires reconsideration. 2. So, taking the notional income at Rs.1,250/- I award her Rs.5,000/- towards loss of earnings. She had produced medical bills for Rs.1,690/- which I make it M.A.C.A. 1533 OF 2006 -:2:- Rs.1,700/-. She was an inpatient in the hospital for 59 days and I award Rs.2,000/- towards bystanders expenses. Certainly she would have taken some nutritious food and clothing would have been damaged. I award Rs.1,000/- under that head. Towards compensation for pain and sufferings on account of the fracture of the toe, fracture of the tibia and exposure of the maxilla she would have suffered excruciating pain for which I award Rs.10,000/-. Certainly at the age of 54, the fractures of these types prevented her from doing any work for some weeks and she would have suffered loss of amenities and enjoyment in life and also temporary disability. I award a sum of Rs.10,000/- under the head. Therefore the claimant will be entitled to a compensation of Rs.29,700/- out of which Rs.15,000/- has already been awarded by the Tribunal. So the claimant is entitled to the balance compensation of Rs.14,700/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.14,700/- with 7% interest on the said sum from the date M.A.C.A. 1533 OF 2006 -:3:- of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-