IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 MACA.No. 773 of 2007(D) ------------------------------- OPMV.2373/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE. .................... APPELLANT/PETITIONER IN OP(MV): -------------------------------------------- 1. JAMEELA, D/O.LATE MOHAMMADALI, AGED 47, RESIDING AT NATHUNIPADAM HOUSE, KOLATHARA POST, KOZHIKODE. 2. ABOOBACKER KOYA, S/O.LATE MOHAMMADALI, AGED 34, RESIDING AT NATHUNIPADAM HOUSE, KOLATHARA POST, KOZHIKODE. 3. SUMIYATH, D/O.LATE MOHAMMADALI, AGED 32, RESIDING AT NATHUNIPADAM HOUSE, KOLATHARA POST, KOZHIKODE. 4. JASINA, D/O.LATE MOHAMMADALI, AGED 29 , RESIDING AT NATHUNIPADAM HOUSE, KOLATHARA POST, KOZHIKODE. 5. SAJNA, D/O. LATE MOHAMMADALI, AGED 23, RESIDING AT NATHUNIPADAM HOUSE, KOLATHARA POST, KOZHIKODE. 6. PATHAYI, W/O.IMBICHI ABOOBACKER, RESIDING AT NATHUNIPADAM HOUSE, KOLATHARA POST, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS: RESPONDENTS IN OP (MV): -------------------------------------------------- 1. K.T.AHAMMEDKOYA, S/O.MUHAMMED, RESIDING AT KUNNATHODI HOUSE, NADUVATH POST, CHERUMUNDA, VANDUR, KOZHIKODE. 2. P.T.SAJITH BABU, S/O.HASSAN, RESIDING AT PATHARA HOUSE, BATHIRIYAL POST, KOZHIKODE. 3. THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, ARKE BUILDING, COURT RAAD, MANJERI, MALAPPURAM. BY ADV. SMT.P.A.REZIYA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 773 OF 2007 = = = = = = = = = = = = = = = Dated this the 8th 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)2373/99. The original claimant sustained injuries in a road accident as a result of which he had comminuted fracture on the neck of the humerus, tenderness on the right shoulder and abrasions all over the body. He was aged 45 years and was treated as an in inpatient in the hospital for three days. The Tribunal itself had allowed an amount of Rs.4,352/- towards purchase of medicines. During the pendency of the petition the original claimant died and his legal representatives were respondents 2 to 7. He was having a large family and considering the age of the person as 45 there is nothing wrong in fixing his income at Rs.2,000/-. Therefore, he will be entitled to an amount of Rs.4,000/- as compensation for actual loss of earnings. The Tribunal has only granted Rs.2,400/-. So I enhance that compensation by Rs.1,600/-. M.A.C.A. 773 OF 2007 -:2:- It is true that no disability certificate is produced. But at the same time on account of the comminuted fracture with other injuries there would have been loss of amenities and enjoyment in life for a person. I award Rs.5,000/- under that head. Therefore, the claimant will be entitled to an additional compensation of Rs.6,600/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,600/- 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/-