IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 552 of 2003()
1. CHINNAMMA JOSEPH, AGED 49 YEARS,
... Petitioner
Vs
1. DINESHAN.T.S., S/O. K.K.SREEDHARAN,
... Respondent
2. P.M.MOIDU, AGED 69 YEARS,
3. THE BRANCH MANAGER,
For Petitioner :SRI.M.THAMBAN
For Respondent :SMT.K.C.BEENA
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :25/06/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 552 OF 2003
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Dated this the 25th day of June, 2008
JUDGMENT
This appeal is preferred against the award passed by the
Motor Accident Claims Tribunal, Kasaragod, in OP(MV) 255/99. The
claimant, aged 45 years a tailor by profession claiming of having an
income of Rs.3000/- per mensum, had sustained injuries in a road
accident whereby she had suffered fracture of the L2 vertebra and
also the 3rd rib on the left side. She was treated in the Krishna
Nursing Home, Kanhangad from 1.7.98 to 6.7.98. The injury
sustained by the claimant is noted to be grievous. The Tribunal
awarded a compensation of Rs.14,500/-.
2. It is true that Ext.X1 certificate issued by the Medical
Board does not show any disability. But, certainly on account of the
fracture of the spine along with a fracture of the rib she would not
have been able to do either the work of a tailor or of a house wife
atleast for a period of three months. Therefore, I enhance the loss of
earning for one more month by Rs.1,500/-. The Tribunal has not
awarded any compensation for loss of amenities and enjoyment in
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life. When a fracture is sustained on the spine with a fracture on the
rib certainly there would have been loss of amenities and enjoyment
in life. Therefore, I award a sum of Rs.5,000/- under that head.
Therefore, the claimant will be entitled to an additional compensation
of Rs.6,500/-.
In the result, the MACA is partly allowed and the claimant is
entitled to an additional compensation of Rs.6,500/- with 7 % interest
on the said sum from the date of petition till realisation from the
respondents. The Insurance company is directed to deposit the
amount within a period of 60 days from the date of receipt of a copy
of this judgment.
M.N.KRISHNAN, JUDGE
vps
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