IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 80 of 2005()
1. SAFIA, W/O. NISSAR,
... Petitioner
Vs
1. JOY THOMAS, CHITHIRA HOUSE,
... Respondent
2. SOMAN PILLAI, S/O. SANKARA PILLAI,
3. NATIONAL INSURANCE CO. LTD.
For Petitioner :SRI.C.S.SUNIL
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :30/10/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.80 OF 2005
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Dated this the 30th day of October 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Kottayam in O.P.(MV)No.2333 of 1997. The claimant a
26 year old lady, sustained injuries in a road accident. She has been awarded
a compensation of Rs.70,100/-. Dissatisfied with the same the claimant has
come up in appeal.
2. Paragraph 5 of the award would reveal that the claimant had
sustained a fracture of the clavicle, fracture of pubic ramus, communited
fracture of femur and fracture of both bones of right leg and she was
treated in the hospital as an inpatient for a period of 20 days. A disability
certificate of 19% was produced and medical bills for Rs.3,615/- were
produced. The Tribunal fixed her income at Rs.1,500/-, applied a multiplier
of 17, accepted the disability only at 10% and awarded the compensation.
The Doctor, who issued the disability certificate was not examined.
Therefore I am not in a position to increase the percentage of disability.
When the disability compensation is calculated, the claimant is entitled to
MACA 80/2005 -:2:-
an additional compensation of Rs.1,800/- under that head. A perusal of the
award would reveal that a young lady had sustained fracture of the clavicle,
fracture of pubic remus as well as communited fracture of femur and also
fracture on both bones of right leg. There had been very serious injuries
which would have taken a long time for the lady to recover and come back
to normalcy. These fractures should have affected her day-to-day life and
certainly at the young age, she would have been deprived of the loss of
amenities and enjoyment in life. Taking into consideration all these aspects,
I am inclined to grant her Rs.7,000/- towards loss of amenities and
enjoyment in life. Therefore the claimant will be entitled to an additional
compensation of Rs.1,800/-, which I round as Rs.9,000/-.
Therefore the MACA is partly allowed and the claimant is entitled to
an additional compensation of Rs.9,000/- with 6% interest on the said sum
from the date of petition till realisation and the insurance company is
directed to deposit the amount within 60 days from the date of receipt of a
copy of this judgment.
M.N.KRISHNAN, JUDGE
Cdp/-
MACA 80/2005 -:3:-