IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2715 of 2008()
1. THANKAM, AGED 56 YEARS,
... Petitioner
Vs
1. M.C. MUHAMMED, S/O. AHAMMED KOYA,
... Respondent
2. THE UNITED INDIA INSURANCE CO. LTD.,
3. VINOD KUMAR, THACHALATH HOUSE,
4. THE NEW INDIA ASSURANCE CO. LTD.,
For Petitioner :SRI.V.S.CHANDRASEKHARAN
For Respondent :SRI.GEORGE CHERIAN (THIRUVALLA)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :02/02/2009
O R D E R
M.N. KRISHNAN, J
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M.A.C.A.No. 2715 OF 2008
---------------------------------
Dated this the 2nd day of February, 2009
JUDGMENT
This is an appeal preferred against the award of the Principal
Motor Accident Claims Tribunal, Kozhikode in O.P.(MV)
No.3722/2002. The claimant sustained injuries in a road accident
and the tribunal had awarded a compensation of Rs. 3,500/- and
directed United India Insurance Company to pay the amount. It is
against that decision the claimant has come up in appeal for
enhancement.
2. Heard the learned counsel for the appellant as well as the
Insurance Company and perused the documents. A perusal of the
award would reveal that she had produced medical bills for
Rs. 2099/-. But the tribunal had not relied upon the same. A
perusal of the wound certificate as well as the reference ticket
would reveal that she had sustained a fracture of the 5th meta tarsal
right and she was also reviewed on 20.4.99. So it is certain that
she had sustained at least a small fracture and even as a house wife
it will hamper her routine and regular work and therefore it is just
and proper to award a total compensation of Rs. 7,000/- out of
M.A.C.A. No. 2715/2008
-2-
which Rs. 3,500/- is awarded.
Therefore the M.A.C.A is partly allowed and the claimant is
awarded an additional compensation of Rs. 3,500/- with 6% interest
on the said sum from the date of petition till realisation. The 2nd
respondent United India Insurance Company is directed to deposit
the same within a period of 60 days from the date of receipt of copy
of the judgment.
M.N. KRISHNAN,JUDGE
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