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K.P.Ammalukutty vs K.Prpaksh Babu on 6 November, 2008

Kerala High Court
K.P.Ammalukutty vs K.Prpaksh Babu on 6 November, 2008
       

  

  

 
 
  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.
              = = = = = = = = = = = = = =
                 M.A.C.A. NO. 1679 OF 2008
             = = = = = = = = = = = = = = =
       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
-:2:-

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/-

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