IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 M.A.C.A.No. 907 of 2007(A) ---------------------- OP(MV)825/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT/PETITIONER: -------------------------------------- JAYASUDHA, W/O. ANILKUMAR, THAZHE KEOTH HOUSE, ELLATTERI, CHENGOTTU KAVU PANCHAYATH, KOYILANDY TALUK. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. K.P. AKBAR, S/O. MUHAMMAD KOYA, KALAYATTU PARAMBIL HOUSE, KACHERI AMSOM, DESOM, VELLAYIL HOUSE NO.4/473 B, KOZHIKODE. (RC OWNER-CUM-DRIVER OF KL-11/S 9365 NUMBER MOTOR CYCLE). 2. NEW INDIA ASSURANCE CO.LTD., SILVER PLAZA I.G.ROAD, CALICUT-673 004. (INSURER OF KL-11/S 9395 NUMBER HERO HONDA PASSION MOTOR CYCLE) POLICY NO.760600/31/03/05783. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J -------------------------- M.A.C.A.No. 907 OF 2007 ------------------------------------------ Dated this the 19th day of August, 2008 J U D G M E N T This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Vadakara in O.P(MV) No. 825/2004. The Tribunal awarded a sum of Rs. 3,000/- and it is against that decision the present appeal is preferred by the claimant. The learned counsel had made available before me the documents for perusal. The wound certificate itself would reveal that the claimant had swelling and tenderness over the ankle of the left leg and a bimolar fracture was suspected and referred to the Medical College hospital. The outpatient ticket of M.C.H would reveal that she had a undisplaced fracture on the left ankle. POP was applied and she was referred back to Orthopedic Surgeon Quilandy. The examination on 10/6 revealed that the fracture was uniting. She was advised physiotherapy as well. So it is clear that the claimant had sustained a fracture on the ankle. The Tribunal did not have the privilege for the reason that those documents were made not available at the threshold but it was only produced along with the M.A.C.A.No. 907/2007 -2- review application. The Tribunal rejected the review application directing the claimant to pursue the same in the appeal. Treatment record would show that she was not able to do any work for a period of three months. Considering the annual income as well as the fact that she was a house wife, I award an amount of Rs. 4,500/- towards actual loss of earning. Another Rs. 5,000/- towards compensation for pain and suffering and Rs. 5,000/- for the temporary disability, loss of amenities and enjoyment in life is aslo awarded. Therefore the claimant will be entitled an additional compensation of Rs. 14,500/-. In the result, M.A.C.A. is partly allowed and the claimant is awarded an additional compensation of Rs. 14,500/- with 6% interest on the said sum from the date of petition till 31.3.2005 and therefrom 19.3.2007 till realisation. The 2nd respondent Insurance Company is directed to deposit the amount within a period of 60 days from the date of receipt of the copy of the judgment. Appeal is disposed of accordingly. M.N. KRISHNAN, JUDGE. vkm