IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 MACA.No. 2470 of 2010() ----------------------- (OPMV.707/2008 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE) .................... APPELLANT/PETITIONER -------------------------------------- K.THANKAM, W/O. VELAYUDHAN, AGED 53 YEARS, KOLLARKANDY HOUSE, SREENILAYAM, BEYPORE POST, KOZHIKODE. BY ADVS. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENTS: --------------------- 1. V. JAYAKUMAR, S/O. RAMAN, AGED 35 YEARS, 9/40, VALLIYATTU HOUSE, AKKODU POST, VAZHAKKAD-VIA, KOZHIKODE. PIN-673640. 2. THE ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE-II, PRAMOD BUILDING, CHEROOTTY ROAD, HEAD POST OFFICE, KOZHIKODE-673636. R2 BY ADV. SRI.M.JACOB MURICKAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 20/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.N. KRISHNAN,J. ........................................... M.A.C.A.NO.2470 OF 2010 ............................................. Dated this the 20th day of January, 2011. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.707/2008. The claimant, a 51 year old housewife sustained injuries in a road accident and she has been awarded a compensation of Rs.26,458/=. It is against that decision, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant. The accident took place on 15.1.2007 and she was treated as an inpatient in a hospital till 23.1.2007. She had sustained fracture of L1 vertebra and contusion over the sacrum. She had spent more than ` 12,000/= for treatment. 3. Taking into consideration all these aspects, I feel that enhancement is necessary. The accident had taken place in 2007 and even as a housewife she has to be given ` 2,500/= towards loss of earnings per month. Since the fracture sustained on the vertebra, she would have been deprived for doing any work for two months and therefore, I award : 2 : M.A.C.A.NO.2470 OF 2010 two months' loss of earnings which means ` 3,500/= as additional compensation under that head. It is true that there is no disability certificate produced in the case. The records would show that a 51 year old lady had sustained fracture of the vertebra and at that age a fracture to that side certainly will cause some temporary disability and there would be loss of amenities and enjoyment in her life. The Tribunal has awarded a paltry sum of Rs.500/= towards loss of amenities which is grossly inadequate. Therefore, I award ` 6,500/= more towards loss of amenities thereby making an additional compensation of ` 10,000/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of ` 10,000/= with 7% interest on the said sum from the date of 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 : 3 : M.A.C.A.NO.2470 OF 2010 : 4 : M.A.C.A.NO.2470 OF 2010