IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 M.A.C.A.No. 612 of 2007(A) ------------------------------------- (OPMV.480/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA) .................... APPELLANT/PETITIONER: -------------------------------------- GRACY, W/O.JOY, NEELAMPADATHIL HOUSE, PALA P.O., PALA KARA, KOTTAYAM DISTRICT. BY ADVS. SMT.A.K.RANI SRI. SHIJU VARGHEESE RESPONDENTS/RESPONDENTS: -------------------------------------------- 1. SAJI @ SAJI JOSEPH, S/O.JOSEPH, VATTOLIL HOUSE, PALA P.O., KOTTAYAM DISTRICT. 2. KURIAN PHILIP, KOCHUPARAMBIL HOUSE, MANIPALLY P.O., KOTTAYAM DISTRICT. 3. NEW INDIA ASSURANCE CO.LTD., REPRESENTED BY MANAGER, PALA, KOTTAYAM DISTRICT. BY ADVS. SRI.P.C.HARIDAS FOR R2 SRI.JOY GEORGE FOR R3 SMT.PRAICY JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J --------------------------------- M.A.C.A.No. 612 OF 2007 -------------------------------------- Dated this the 16th day of July, 2008 J U D G M E N T This appeal is preferred against the award of the Motor Accident Claims Tribunal, Pala in O.P.(MV) No. 480/03. The claimant suffered a fracture of the humerus and he was treated in the hospital. The Tribunal on consideration of the entire materials granted total compensation of Rs. 35,950/- which takes in Rs. 10,700/- as medical expenses. I had perused the award of the Tribunal on all heads and the award is reasonable compensation except under the head of loss of amenities. It is true that no document is produced to show any disability. But it has to be remembered that the fracture was on the greater tuberosity of right humerus. Certainly such a fracture on the right hand would cause difficulty to a lady even if she is not working. Since the Tribunal has awarded compensation for loss of earning it has to be held that she was a working lady as well. Therefore I feel the loss of amenities compensation should be fixed at Rs. 10,000/- and after M.A.C.A. No. 612/2007 -2- deducting 3,000/-, already granted an additional compensation of Rs. 7,000/- has to be awarded. In the result, M.A.C.A is partly allowed and the claimant is awarded additional compensation of Rs. 7,000/- with 7% interest from the date of petition till realisation and the Insurance Company is directed to deposit the amount within sixty days from the date of receipt of copy of the judgment. M.N. KRISHNAN, JUDGE. vkm