IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 MACA.No. 1649 of 2008(E) ----------------------- OPMV.1328/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- OMANA P.D., AGED 54 YEARS, D/O. PARVATHY, SREEBHAVAN, THRIKKANNAMANGAL P.O., KOTTARAKARA. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): RESPONDENTS/RESPONDENTS -------------------------------------- 1. D.JOHN, PLAVILA VEEDU, THRIKKANNAMANGAL P.O., KOTTARAKARA. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO.LTD. KOLLAM. ADV. SRI.JOE KALLIATH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1649 OF 2008 = = = = = = = = = = = = = = = Dated this the 7th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Punalur in O.P.(MV)1328/03. The claimant, a 58 year old lady sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.21,600/-. It is against that decision the claimant has come in appeal for enhancement. 2. Heard the counsel for the appellant as well as insurance company. A perusal of the wound certificate would reveal that the claimant had sustained a laceration with abrasion of 3 x 1 c.m. bone deep middle of forehead as well as loss of three teeth, fracture of one tooth, tissue loss in the hand and lip and also a fracture on the ulna. Unfortunately no documents were produced to show the period of hospitalisation, the medical expenses etc. and therefore on a guess and materials available the Tribunal awarded a compensation of Rs.21,600/-. But it is very clear that the M.A.C.A. 1649 OF 2008 -:2:- poor claimant had sustained large number of injuries both on the face as well as on the hand. In the process she had also lost three teeth and one tooth was fractured. Her hand was also fractured. Therefore, for these injuries I recalculate the compensation as follows. 3. For loss of three teeth, at the age of 58 I grant Rs.6,000/-. For the fracture of one tooth I award a sum of Rs.1,000/-, for the actual loss of earnings for a period of eight weeks I grant Rs.3,000/-. Towards treatment expenses I award Rs.1,000/- for the reason that the lady had sustained bone deep wound on the forehead coupled with facial injuries including tissue loss and fracture. Towards extra nourishment, transport expenses etc. I award Rs.1,600/-, towards pain and sufferings I award Rs.7,000/-. The Tribunal has granted Rs.12,000/- as loss of earnings for three months is without basis. But at the same time it has to be stated that this lady at the age of 58 had sustained serious injuries. There had been temporary disabilities and the fracture of the ulna also would be causing her problem in M.A.C.A. 1649 OF 2008 -:3:- her day-to-day activities even as a house wife. So taking into consideration of these aspects I award Rs.10,000/- under those heads. Thus making a total compensation of Rs.29,600/-. The Tribunal has already awarded Rs.21,600/- which means the claimant is entitled to an additional compensation of Rs.8,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/- with 7% interest on the said sum from the date 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/-