IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 619 of 2009()
1. KALLYANI, W/O.BALAN, AGED 54 YEARS,
... Petitioner
Vs
1. A.K.FAIZAL, S/O.HASSAN,
... Respondent
2. NATIONAL INSURANCE CO.LTD.,
For Petitioner :SRI.AVM.SALAHUDIN
For Respondent :SRI.GEORGE CHERIAN (THIRUVALLA)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :17/03/2010
O R D E R
M.N.KRISHNAN,J.
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M.A.C.A No.619 OF 2009
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Dated this the 17th day of March 2010.
JUDGMENT
This is an appeal preferred against award of the Motor
Accidents Claims Tribunal, Kozhikode in O.P(MV).
No.1016/2004. The claimant a 50 year old house made
sustained injuries in a road accident and she has been
awarded compensation of Rs.10,500/-. Dissatisfied with the
same she has come up in appeal.
2. Heard the learned counsel for the appellant as well
as the Insurance Company.
3. The learned counsel for the appellant has made
available before me all the documents. It would reveal
that the claimant had an injury on the left knee, abrasion
on the right elbow and there was mobilisation of two of the
teeth as well. Therefore, she was admitted in the
Government General Hospital, Kozhikode and was treated
as an impatient from 5.4.2003 to 30.4.2003 (25 days). The
M.A.C.A No.619 OF 2009 2
investigation revealed that she had sustained a fracture of
the left patella. The treatment certificate also establishes
the same. The Tribunal did not consider the fracture of
patella seriously at all and awarded only an amount of
Rs.10,500/-. I feel the claimant is entitled to additional
compensation under the following heads:-
4. Only medical and incidental expenses of Rs.2,500/-
has been granted whereas the claimant was in the hospital
for inpatient in 25 days. Therefore, I grant 1,000/- more
under that head. At the age of 50 the claimant had
sustained fracture of patella and inpatient for 25 days and
there was other injuries on the teeth as well including
mobility of teeth. Therefore, I enhance the compensation of
pain and suffering by Rs.5,000/-. Certainly, she would not
have been in a position to do any work for a period of three
months at the rate of Rs.1,500/- per month an additional
compensation of Rs.2,000/- is granted. (i.e.,4500-2,500)
Certainly, it would have resulted in loss of amenities and
enjoyment of life at least for a reasonable time, for which I
M.A.C.A No.619 OF 2009 3
award a sum Rs.2,000/-. Therefore, the claimant is entitled
to additional compensation of Rs.10,000/-.
In the result, M.A.C.A is partly allowed and the claimant
is awarded additional compensation of Rs.10,000/- with 7%
interest on the said sum from the date of petition till
realisation and respondent Insurance Company is directed to
deposit the said amount within a period of 60 days from the
date of the receipt of copy of this judgment.
M.N.KRISHNAN,JUDGE.
mns