IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1663 of 2007()
1. SULOCHANA, AGED 40 YEARS, W/O.BABU,
... Petitioner
Vs
1. SANJITH PERATHARA, 38/1318,OPP.AIR
... Respondent
2. T.P.SALEEM, AGED 37 YERS, S/O.ABDUL
3. THE NEW INDIA ASSURANCE COMPNAY LIMITED,
For Petitioner :SRI.K.M.JAMALUDHEEN
For Respondent :SMT.A.SREEKALA
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :11/08/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1663 OF 2007
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Dated this the 11th day of August, 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)1484/02.
The claimant, a 35 year old lady sustained injuries in a road
accident. She had a fracture on the forearm and also
haematoma over the forehead. She was initially treated in a
private hospital and thereafter continued treatment in the
Medical College Hospital. The Tribunal has also accepted the
case of fracture. The Tribunal did not consider Ext.C1
disability certificate issued by the Medical Board nor it had
considered properly the income of the person to award the
actual loss of earnings. No discussion is made at all
regarding the acceptability or non-acceptability of the
disability certificate. The Medical Board has certified that the
lady was having a mal-united fracture on the right ulna and
she was working as a sweeper in a private hospital. Taking
into consideration the mal-union of the fracture her capacity
M.A.C.A. 1663 OF 2007
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to work as a sweeper as well as house wife would be difficult
at least to a minimal extend. I fix her income at Rs.1,500/-
being an accident of the year 2002, take the disability at 3%
and work out the compensation. When it is worked out for
one year it will be Rs.540/- which when multiplied by 16
would be Rs.8,640/-. Towards actual loss of earnings she is
entitled to Rs.3,000/- whereas Rs.1,000/- is granted. So an
additional amount of Rs.2,000/- is to be granted. For loss of
amenities and enjoyment in life I enhance the compensation
by Rs.1,000/-. Therefore the claimant will be entitled to an
additional compensation of Rs.11,640/-.
In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.11,640/- 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/-