IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1677 of 2006()
1. V.C.ANNAMMA, W/O.NIZON,
... Petitioner
Vs
1. K.K.BEEVI, W/O.ASHRAF,
... Respondent
2. A.J.GRIFAN, S/O.JOSEPH,
3. THE ORIENTAL INSURANCE COMPANY LTD.,
For Petitioner :SRI.VIVEK VARGHESE P.J.
For Respondent :SRI.P.V.JYOTHI PRASAD
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :18/08/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.1677 OF 2006
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Dated this the 18th day of August 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Ernakulam in O.P.(MV)No.74 of 2000. The claimant a 26
year old lady claiming to be a tailer by profession, sustained injuries on the
knee as well as a fracture on the lateral spine of tibia. She was under
plaster cast for a period of six weeks. She was treated in the hospital as an
inpatient for a period of 7 days. The Tribunal awarded her a compensation
of Rs.12,500/-.
2. Heard the learned counsel for the appellant as well as the insurance
company. It can be seen that the Tribunal has only awarded Rs.1,500/-
towards loss of earning, fixing her income at Rs.1,000/-. The accident had
taken place in the year 1999 and it is only just and reasonable to fix the
income at Rs.1,500/-. Since her leg was under plaster cast for six weeks and
as she is a tailer and a house wife, she would not have been in a position to
work at least for a period of 3 months. Therefore, I enhance the
compensation for loss of earning by Rs.3,000/-. Similarly, no amount is
MACA 1677/2006 -:2:-
seen awarded for loss of amenities. Being a fracture of the right tibia with
haemarthrosis on the right knee it would have affected her work at least
temporarily for some time and she would have suffered loss of amenities
and enjoymewnt in life as well. Therefore, under that head I am inclined to
grant her Rs.4,000/-. Therefore the claimant will be entitled to an additional
compensation of Rs.7,000/-.
Therefore MACA is partly allowed and the claimant is entitled to an
additional compensation of Rs.7,000/- with 7% interest on the said sum
from the date of petition till realisation and the insurance company is
directed to deposit the amount within 60 days from the date of receipt of a
copy of this judgment.
M.N.KRISHNAN, JUDGE
Cdp/-