IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 MACA.No. 2235 of 2007(C) ---------------------------------- OPMV.1665/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER --------------------------------- LOLITHA GEORGE, RESIDING AT KALARICKAL HOUSE, ELAPPARA P.O., IDUKKI, NOW RESIDING AT SRAMBICKAL KORATHARA HOUSE, KURUSHUMMOODU P.O., CHANGANACHERRY. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENTS: RESPONDENTS ------------------------------------- 1. ROBIN XAVIER, RESIDING AT PONMALA KUNNEL HOUSE, MURINJAPUZHA, KOKKAYAR. 2. THE SECRETARY, MALANADU SOCIETY TEA FARMERS, PARATHODU, KANJIRAPALLY. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, KOTTAYAM. 4. LARANCE KURIAN, RESIDING AT SRAMBICKAL HOUSE, VANDAMPATHAL P.O., MUNDAKKAYAM. 5. THE ORIENTAL INSURANCE COMPANY LIMITED, KOTTAYAM. BY ADV. SRI.K.M.FIROZ FOR R1 & 2 SRI.JACOB E SIMON FOR R1 & 2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2235 OF 2007 = = = = = = = = = = = = = = = Dated this the 27th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)1665/04. The claimant sustained injuries in a road accident on account of the collision between two vehicles. The Tribunal fixed the liability in the ratio 3:1. The Tribunal also awarded a compensation of Rs.31,000/-. It is against the inadequacy of compensation, the appeal is preferred before this Court. 2. Paragraph 45 of the award deal with the case of the appellant. She had sustained a lacerated wound on the forehead 6 x 1 x 1 cm. tenderness over chest wall, contusion on the eye-lid. She was treated in the Matha Hospital from 3.9.03 to 10.9.03 and the medical bills produced itself would evidence that she had spent an amount of Rs.20,000/- for treatment. The learned counsel strongly contends that the accident took place at Changanassery and she was taken to Medical College Hospital, Kottayam and further she had M.A.C.A. 2235 OF 2007 -:2:- undergone treatment in a hospital at Thellakom. It is submitted that the distance between Changanassery and Kottayam is 20 km. and Kottayam and Thellakom is about 15 km. Taking into consideration the distance and the number of times she would have visited the hospital I am inclined to grant Rs.1,000/- more towards transport expenses. It has to be also stated that she wan an inpatient in one hospital for eight days and there would have been somebody with her during the period of hospitalisation and therefore I award an additional amount of Rs.500/- towards bystander's and other expenses. It is true that the claimant had not sustained any serious fracture but it can be seen that there was problems for her with a deep lacerated wound on the forehead as well as contusion on the chest wall. The period of hospitalisation and the amount expended would indicate that there would have been sufferings for her and certainly she would have suffered loss of amenities and enjoyment in life, towards the same I award Rs.2,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.3,500/-. M.A.C.A. 2235 OF 2007 -:3:- The additional compensation so ordered shall be paid by respondents 3 and 5 insurance company on the proportion mentioned in the award with 7% interest from the date of petition till realisation and insurance companies are 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/-