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Judgment
M.N. Krishnan, J.—This is an appeal preferred against the award of the Claims Tribunal, Ernakulam in O.P.(MV)No. 2954/2002. The claimant, a 65 year old lady, sustained injuries in a road accident. She had sustained fracture of the malleolous and the Tribunal has awarded a global compensation of Rs. 15,000/-. Dissatisfied with the quantum, the claimant has come up in appeal
Heard both sides. It was not right on the part of the Tribunal to award a global compensation without fully adverting to the facts of the case. Therefore a recalculation is necessary to arrive at a total compensation.
The claimant at the age of 65 had sustained a fracture on the ankle. It is true that she was in the hospital only for one day. Considering the age of the person it is certain that she would not have able to do her normal works for 2-3 months. I award Rs. 5,000/- towards loss of earnings. She had produced medical bills for Rs. 3,300/-, that is allowed. Towards transport, extra nourishment and bystander''s expenses, I allow Rs. 1,000/-. Towards pain and sufferings, a sum of Rs. 8,000/- is granted. Since she is aged 65, there would have temporary disability and loss of amenities for which I award Rs. 3,000/-. Therefore the claimant will be entitled to a compensation of Rs. 20,300/- out of which Rs. 15,000/- is already awarded. So the claimant is awarded an additional compensation of Rs. 5,300/-.
In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs. 5,300/- with 7.5% interest from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment.
Disposed of accordingly.