IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 190 of 2009()
1. SAFIYA, W/O.LATHEEF, AGED 33 YEARS,
... Petitioner
Vs
1. NOUSHAD @ BABU, S/O.ABOOBACKER, AGED
... Respondent
2. ABOOBACKER, S/O.VEEERAN,
3. UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.C.A.CHACKO
For Respondent :SRI.NAGARAJ NARAYANAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :14/10/2009
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 190 OF 2009
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Dated this the 14th day of October, 2009.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Ottappalam in O.P.(MV)1383/05.
The claimant, a 30 year old lady sustained injuries in a road
accident and the Tribunal has awarded a compensation of
Rs.7,050/-. It is for enhancement of that amount the appeal
is filed.
2. Heard the learned counsel for the appellant as well
as the insurance company. A perusal of paragraph 7 of the
award would reveal that the claimant had sustained
contusions on the scalp, occipital area and right wrist.
There was no bone injury. It is also seen from the discharge
certificate that there was some contusion on the gluteal area
as well. Even if she is a house wife being a lady on account
of these types of contusions she would not have been in a
position to do any work for a period of one month and
certainly she would have suffered some loss of amenities as
M.A.C.A. 190 OF 2009
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well as pain. Therefore I enhance the compensation for pain
and sufferings by Rs.1,000/- and loss of earnings by
Rs.750/- making an additional compensation of Rs.1,750/-.
In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.1,750/- with 7.5% 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/-