IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1679 of 2008()
1. K.P.AMMALUKUTTY, AGED 60 YEARS,
... Petitioner
Vs
1. K.PRPAKSH BABU, S/O.GOVINDAN,
... Respondent
2. THE BRANCH MANAGER,
For Petitioner :SRI.JACOB ABRAHAM
For Respondent :SRI.THOMAS MATHEW NELLIMOOTTIL
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :06/11/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1679 OF 2008
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Dated this the 6th day of November, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Kozhikode in O.P.(MV)2502/01.
The claimant is a housewife aged 60 years sustained injuries
in a road accident and she has been awarded a compensation
of Rs.5,000/-. It is against that decision the claimant has
come in appeal.
2. In paragraph 8 of the award the Tribunal suspects
about the fracture and later states that X-ray revealed
fracture. A wound certificate is produced before me for
perusal where there is a clear finding that on X-ray there is a
fracture on the ulna. When an old lady sustains fracture
certainly it will cause difficulties. She had also suffered a
contusion on the right side of the forehead. She was treated
in a private hospital called Baby Memorial Hospital,
Kozhikode. Therefore I award the compensation as follows:
M.A.C.A. 1679 OF 2008
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Even as a housewife she would not be in a position to
do any work for a period of one month for which a notional
income of Rs.1,250/- is awarded. Towards transport
expenses, damages to clothing and hospital expenses, in the
absence of any materials I can only award a sum of
Rs.1,000/-. Certainly, the fracture would have caused her
pain and therefore I award a sum of Rs.5,000/- towards
compensation for pain and sufferings. I retain Rs.5,000/-
given by the tribunal for loss of amenities and enjoyment in
life thereby making the total compensation of Rs.12,250/-
out of which Rs.5,000/- is already granted. Therefore the
MACA is partly allowed and the claimant is awarded an
additional compensation of Rs.7,250/- with 6% interest on
the said sum from the date of petition till realisation and the
insurance company is 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/-
