High Court Kerala High Court

V.C.Annamma vs K.K.Beevi on 18 August, 2008

Kerala High Court
V.C.Annamma vs K.K.Beevi on 18 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1677 of 2006()


1. V.C.ANNAMMA, W/O.NIZON,
                      ...  Petitioner

                        Vs



1. K.K.BEEVI, W/O.ASHRAF,
                       ...       Respondent

2. A.J.GRIFAN, S/O.JOSEPH,

3. THE ORIENTAL INSURANCE COMPANY LTD.,

                For Petitioner  :SRI.VIVEK VARGHESE P.J.

                For Respondent  :SRI.P.V.JYOTHI PRASAD

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :18/08/2008

 O R D E R
                             M.N.KRISHNAN, J
                         =====================
                          MACA No.1677 OF 2006
                         =====================

                   Dated this the 18th day of August 2008

                                JUDGMENT

This appeal is preferred against the award of the Motor Accidents

Claims Tribunal, Ernakulam in O.P.(MV)No.74 of 2000. The claimant a 26

year old lady claiming to be a tailer by profession, sustained injuries on the

knee as well as a fracture on the lateral spine of tibia. She was under

plaster cast for a period of six weeks. She was treated in the hospital as an

inpatient for a period of 7 days. The Tribunal awarded her a compensation

of Rs.12,500/-.

2. Heard the learned counsel for the appellant as well as the insurance

company. It can be seen that the Tribunal has only awarded Rs.1,500/-

towards loss of earning, fixing her income at Rs.1,000/-. The accident had

taken place in the year 1999 and it is only just and reasonable to fix the

income at Rs.1,500/-. Since her leg was under plaster cast for six weeks and

as she is a tailer and a house wife, she would not have been in a position to

work at least for a period of 3 months. Therefore, I enhance the

compensation for loss of earning by Rs.3,000/-. Similarly, no amount is

MACA 1677/2006 -:2:-

seen awarded for loss of amenities. Being a fracture of the right tibia with

haemarthrosis on the right knee it would have affected her work at least

temporarily for some time and she would have suffered loss of amenities

and enjoymewnt in life as well. Therefore, under that head I am inclined to

grant her Rs.4,000/-. Therefore the claimant will be entitled to an additional

compensation of Rs.7,000/-.

Therefore MACA is partly allowed and the claimant is entitled to an

additional compensation of Rs.7,000/- with 7% 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/-